The Montgomery advertiser., 1907-02-06
PLACE COSTS ON PLAINTIFF Ruling of State Railroad
 Commission. FOLLOW CIRCUIT COURTS Wood, Dickerson & Co. Petition on
 Switching Charges Withdrawn. Body Estabishes Precedent in Ruling in Case Where Eight Lines Are Made Defendants -- other Matters Up.


 the Alabama Railroad Commission by request of the complainant renders costs taxable to the compla ainant in consonance with the practice of circuit courts oi tho Sta.e, Was lne conseh- sus of the Commission yesterday when 1t allowed the withdrawal of petition
 filed by Wood, Wickerson and Compa- ny against the Birmingham Southern Railway and others for alleged excess
 sive switching charges. This stand of the commission establishes a precedent 1t being one of the first cases of It's kind ever brought before that body. A bill, which will empower the Commission to place the costs of cases before it upon the defendants. Is now pending in the Legislature. It is in- | tended to cover such contingencies as confronted the Commission yesterday. when the decision was regulated by the statute cited below.
 The petition of the complainants yes- terday that the "switching charges" made by the Birmingham Southern Railway Company. which is a tier minal" company and employs its tracks and other facilities only for transfer ence of cars delivered by the trunk lines at their yards to the ultimate consignees, should be absorbed by the trunk lines from which the Birming-
 ham Southern receives the cars. This petition was substituted for another petition, recently withdrawn. of which the prayer was that the switching charges of the Birmingham Southern should be reduced from s3.5o to S2. Of the eight defendants cited in the petition, all were represented by coun- gel or officers except two defendant companies which had made answer to the petition, and the Birmingham
 Southern Railway, of which Walter Percy of Birmingham, is counsel MT. Percy was not present and Captain Frank s. White, attorney for the peti- tions was unwilling to open the case In his absence and withdrew the peh- ton. Upon inquiry by H. L. Stone.
 general counsel for the Louisville and Nashville Railroad Company. the Com mission announced the costs of the case were taxable, by statute, in the same 1 manner provided for practice in the | circuit court. and the secretary of the 1 Commission was instructed to prepare i the bill of costs. Thus was removed from the docket case that 1t had been expected would be bitterly fought. Two other cases. a petition by the I r,ouisyille and Nashville Railroad Com- pany to discontinue the stoppage of its | trains at Vinemont, and a petition by | the Southern Railway Company to close i it's agency at Farrell between Attaiia 1 and Rome, were continued. A petition | for better depot facilities at the Gov l ernment street passenger station Of the Mobile Jackson and Kansas City Rail- | road in Mobile, was continued. pending 1 the company's promised compliance with the prayer of the petitionA President Charles Henderson, and As-
 sociate Commissioner W. c. TunstalL and W. T. Sanders, were present when the meeting was called.
 The first case called was that of the Viuemont petition which was continued
 by request of the people of Vinemont John smith, counsel for the railroad
 company. assented for the company to
 the continuance of the case.
 Tn the matter of closing the agency
 of the Southern Railway Company at
 Farrell, it was set forth by the compa- nu that the business of the agency
 amounted to not more than $75 and that
 there were a station and an agency less
 than three miles distant in each direc-
 ton upon the railroad. The case was
 continued.
 The petition for better accommoda-
 tions in the Government street station
 in Mobile. represented that the business
 done at the station, which Is suburban.
 amounted to about sT00 a month and
 Justified the railroad company in af-
 fording their patrons conveniences they
 do not now have. A letter from the at-
 torneys of the railroad company. advis- ing that the improvements asked for had been ordered. was read. and the
 Commission ordered a continuance.
 The petition of Wood, Dickerson and
 Company against the Birmingham
 Southern Railroad Company and others
 brought together in imposing array of
 counsel and officials of the railways.
 eight in number, It had been indicat-
 ed the arguments of the case would be
 exhaustive and would possibly become
 interestingly intense.
 Hut omens had been faulty. The
 counsel for the complainants. Frank
 White. of Birmingham said, any time
 will suit me-" The gentleman next in
 line. II. L. stone, general counsel for the Louisville and Nashville, made his
 bow and said. "any time will suit me"
 The next in line said "any time will suit me-" The railroad commissioners
 were in line; Mir. Tunstall, MT. Sanders and President Henderson said in solo. and then repeated in crashing chorus.
 "any time will do for me"
 L. sevier. of the Seaboard Ar Line.
 however, courteously but quite firmly.
 said he had travell l some hundreds Of miles to be present at the hearing and
 he and his road were ready for hear
 ing. There was much a discussion, NIT.
 White withdrew the petition.
 Upon inquiry by MT. Stone the com
 mission decided where cause before
 the Commission Is dismissed at the re-