The Birmingham age-herald., 1907-11-30
Governor VIII Confer With H.
 toTntys To-day or Tomorrow
POSSIBILITIES ARE DISCUSSED
State May Make Counter Move By Mandamusing Railroads-This, However, Would lmperil
 State Court Officers.
BY HERXEY w. LAIRD.

cial.)-Everything since the filing of
 petitions and the granting of the re-
 straining orders by which Judge Thom-
 as G. Jones of the United States court,
 has held up the new state laws, is
 speculative, because of the absence of
 the governor from his office and the
 lack Of auth ority on the part of any
 other man to make positive assertion.
 All that is known here is that a con
 ference will be held on Saturday or
 Sunday, either here or at Birmingham,
 out of which is expected to come d
 definite plan of action on the part of
 the state. It is also well known that
 the state will not be ready to answer
 on next Monday, the time set down for
 reply in the application of the Louis
 vile and Nashville for an amendment
 to the injunction pending taking in the
 new laws.
 A number of possibilities are dis
 cussed, out of which may grow com
 plications that might not work out for
 many years. One is the possibility that
 in making an order on November 25,
 that all roads put in joint rates at 2&
 cents for passenger hauls, the mem
 bers of the railroad commission were
 in contempt of the order of the United States court granting the old injunc- tion.
 Commission View.
 It is understood that the commits sion took the position that joint rates are not straight rates, the latter being the ones restrained by the order. How ever, railroad men in talking of the matter assert that the effort to amend any rate on any line protected by the
 injunction would be in violation of the i said order. As no one has indicated in- :, tention to take it up it is quite likely | nothing will come out of this idea. There Is, however. another discuss sion that may be worked plt.sfhat be- | ing that the sta 4e will make coun- 1 ter move by mandamusng the railroads l by order of state courts to put in the | rates at once. However, this would bring every officer of the state court l who undertook to serve the papers into | conflict with the order of the federal l court, a result of which. everyone be- | lieves, would be to have any such of l ficers sent to jail for contempt. The fact seems to be that there is no way to get around the order of the feder- al court except to defy them and it is not thought the state officers are
 ready to do that direct, though they
 may not get in the way of move l ment having that result if it promised | to get the matter to an acute issue at I once, with the hope of a settlement l that would be definite one way or the 1 other.
 Rates Lost Sight Of.
 l Though the litigation is primarily an | outgrowth of the contention that the rail- 1 roads cannot make money under the new i schedules that feature has been set aside l practically for the question of rights in | the courts. The railroads make the plea ] that the object of the state Is to deny | them the right to all the courts; the l state does contend that cases involving | only state affairs and rates should be 1 fought out in the commonwealth courts. | This is the line up so far as the contest l is now concerned.
 | It is said on what seems to be good l authority that Governor Conner offered | President Smith the privilege of taking l ths new rate schedules and going through l them. picking out any rates that he would I say on his word were too low, and he, l Conner, would agree that the commission ;, would make the rate what it should, in l the opinion of the railroad man. on his l honor speaking. be. This is said to have | been refused, MT. Smith holding to the I theory that the state was going beyond | it's rights in making any rate at all | He intimated that this was the question 1 that of the state to make rates-that l he wanted decided. It is also reported l that other efforts were as futile, it be- | ing the decision of the railroads to get a | final and lasting ruling on the rights of | the state in the matter.
 Feeling the People.
 An interesting report comes to the city from Gadsden, to the effect that l Governor Conner is feeling of the people l with regard to intentions along the line | of suits. A Gadsden paper says: "A l man supposed to be lieutenant of Gov | ernor Conner and the anti-railroad fac nf Ia Ua in | day sounding a number of business men 1 with regard to their stand in Corners s l fight for cheaper freight and passenger | rates, and his visit excited comment. He asked: If the railroads charge you 3 l cents a mile will you sue them? None of l the known answers were entirely satis- | factory. but some may have been melted 1 to action by the gentleman, who, by the way, made no effort to conceal his iden- ity."
 Just how general this movement to get at the sentiments of the people is, is not known, if, in fact, there is such a move ment. No one here seems to have any idea about it, and most of those who have heard of 1t think it merely the efforts of an individual who is trying to ge. line for his own information. Gov ernor Conner is known to have a num- Der of friends in that section, from which has come some of the most enthusiastic efforts to make the railroads respect the state laws.
 Orders Must Be obeyed. This much may be known by any who cares to look into the facts, the orders of the federal court will be obeyed If 1t takes force to have them respected. A man who is on the inside, who will have to do with enforcing them, has intimated this much in a way that cannot be mis- understood. It has also gone to Governor Conner that every power. military as well as civil, is going to be in readiness 10 back the judge of the federal court up. This is not given out as threat. simply as a protection against any mistakes ze- ing made.
 Deputy marshals who know the people say that the people so take the orders of the court Marshal Judkins has selected men with judgment so as to avoid any menacing talk or suggestions. They are serving the papers without comment. but all say that the people are deeply inter an