The Birmingham age-herald., 1907-08-28
OLD RATES MUST
 BE RESTORED IS ORDER OF JONES
CONTINUED FROM PAGE l.,


 Iron between points in the mineral dis trict. They were fixed upon the prin- ciple of what are known as zone or group rates. The court entered up laborious examination as to the req condolences of each of these rates, and the Justice of the principles upon wh ich they were adjusted. It has also had the benefit of discussions of these questions between the traffic manager of the complainants and the secretary of the railroad commission.
 In the pressure of other duties, the court at this time cannot do more now than to state general conclusions which led to the decree it will make.
 Eighth Paragraph.
 The eighth paragraph of complainants bill states: Ut has charged and received for the transportation of intra-state freight and passenger traffic, and for mail, express and other intra-state traf- fee over it's lines in Alabama, rates which though just and reasonably low, were as high as they were allowed by law or by competitive conditions and other cir cumstances affecting said traffic on each of it's lines" The probable effect of the reduced rates are illustrated and shown by the income and disbursements of com plBlndnlS TOT the past two YtdTS, anu particularly for the fiscal year ending June 3o 1906, which compliments allege were their best business years and under conditions more favorable they aver, than would exist in the near future. The table of figures is based upon the oper- ation of the laws in force prior to Janu- arY l, 1907. and with the income of the past a a basis, do not leave the effect of the reductions so doubtful or uncer f4fff tD fftr ,arftt 1apfa pHf this experience is based upon the income of complainants under the laws in force prior to January l. 1907. If it be permit ted to charge the rates then allowed by law it will receive the moderate income, which it alleges is all that 1t could earn under those laws and competitive condi- tions existing before the passage of the statutes complained of. Allowing com plainants to charge those rates will not subject 1t to the loss from the operation of the reduced rates, which will apparent ly follow if these rates are now enforced. and there will be irreparable loss if the rates complained of are not suspended and enjoined. Tn the present posture of the case. and before final hearing furn- ishes the basis of a permanent decree. complainants are entitled to no further relief than to be protected in the enjoy ment of the rates in force on January 1, 1907, and in the absence of special circum- stances tt is not entitled to increase them.
 Carrier Rights.
 The carrier has a right, under the con- stitution and laws of the United States, independent of any statute, to challenge and enjoin a system of maximum rates if, on the whole, their effect is conhscatory, or will deprive the carrier of an adequate return upon the value of his property. It is the aggregate income of all the rates which determines their validity. If, how ever. they are not unjust as q whole, the carrier cannot complain of particular rate because in itself it is not compensa- tory. The state, for many reasons may lawfully exact particular rate, which, in itself is not compensatory, so long as under the operation of the whole system of ra tes the ccrrier receives a fair return upon the value of It's property Our state statute, however. providing the mode of testing the validity. reasona bleness or fairness of any maximum rate, etc., ap- proved March 4. 1907, gives the carrier the right to contest a particular rate, a right it would have if this bill depended merely upon the violation of the four teenth amendment to the constitution of the United States. In effect complainants challenge the reasonableness of the statute as to each of these twenty-nine articles.
 There is no proof before the court as 10 the reasonableness of any one of these single rates. Indeed, in the nature of things 1t would be most difficult to prove, and it cannot be accurately shown in any event. The nearest approximation 10 1t would perhaps be the average cost per ten mile in the transportation of freight in the locality where the service Is performed. As to this, the court has no evidence, and the charges fixed by fnf ftIfa ,art,, ,aio .11
 The only remaining question is whether the rates in existence upon these articles prior to January l, 1907 as they then stood. amount to an unjust discrimina- ton against localities or persons simi- larly situated, and therefore, may be changed and increased by the carrier, to prevent such discrimination, so long as the increase itself is not unreasonable in view of the service rendered. The state statute itself, section 3462 of the code of Alaba ma, permits special rates for the encouragement of industries; but the car rier is not bound to put them In if they amount to an unjust discrimination, or are not remunerative. It would seem also that the legislature has not the power where the circumstances and conditions are alike in all respects, to compel the carrier to discriminate between localities and persons.
 Increase of Rates.
 All the increases of rates are upon 29 articles of freight for building and con- struction material to coal and ore mines md stone quarries, and on raw material. such as coal, ore and limestone for fur mace use and in the shipment of pig iron between points in the different zones It is earnestly insisted that the condi- lions which justified the former rates, in some instances. have entirely changed, and that all of the increases are neces- sary to prevent inequalities and injustice, and to put all business in the same zone or group of territory on an equality. These are matters which cannot well be determined on a preliminary injunction and can be better left open, the question heinz Tn some doubt on the proof, to be determined on final hearing. If, how every, persons and localities interested in the shipment of the articles named, or compiainants desire, they may apply for leave to put in such individual rates as are necessary to prevent injustice and Inequality and the matter will be re- ferred to the master after notice to be prescribed in the order. to the railroad commission, and after the coming in of his report. such decree will be made as equity and justice in the particular case may require. An order will be entered requiring complainants after September tn 1907 to restore the rates on 29 articles named to the rates which were in force Dn January 1, 1907, but the court will continue in force the suspension of those rates heretofore ordered until and in- cuding the 3oth day of September, 1907.
 These considerations apply to the like rase of the South and North Alabama