The Birmingham age-herald., 1907-12-06
POSTPONES HEARING
 ON SWITCHING CHARGES
Commission Spent Most of Yesterday Arguing the Case of the Wood Dckerson Go. Vs. Birmlng-
 ham Southern Railway.
BY HERVEY w. LAIRD.

Montgomery, December 5.--(Special1-- The Alabama railroad commission has decided that it can take no action in cases that would in any way reduce tho revenue of the railroads, even though such instances proved to be the out growth of discriminatory conditions. Such rule is in response to the conviction that to do so would be to violate the re- stralning order of the United States court. secured at the instance of the rail lines resisting the new state laws
 As consequence of this decision thu commission has indefinitely postponed tho questions of switching charges on tho Birmingham Southern railroad and tho rates on compressed cotton and the com pression of cotton In the state. Both cases are to be taken up on short notice by information to either side when 1t Is decided that action will not be in viola ton of the orders of any court. Most of Thursday was taken up in the hearing on the petition of the -Dekerson Lumber company of Birmingham vs. tho Birmingham Southern.
 The fight on the Birmingham Southern is to make the trunk lines absorb the switching charges on 1t as they did when the road was owned by the Louisville and Nashville and tho Southern railways. The idea of the cotton rate cases Is to have the roads encoura ga,- conpressing at gins by giving an original rate on cou pressed cotton that Is less the amount now paid for compressing; on the case from Union Springs that the roads allow compressing cotton there in other places where there Is d press, as well as concentration.
 Great Southern Case.
 It will be several days no doubt before the question of classification of the Ala bama Great Southern is settled Until that time that road will not have tha new rates ill. working instead under old senate bill u, under whicn they first put in the state rates. IL is generally be- lieyed that the road will be returned 10 the first class, though put in the third by the legislature.
 Much pressure will be brought Co bear in a disposition of reciprocal fairness, OH the people, to refrain from suing those roads which accepted the state rates, for the excess over such rates during the five months they are fighting them. This would seem. many argue, but t fair showing of appreciation on the part of the public Of the roads which under took to get along with the state It is not thought at this time that any suits will be filed against them These roads will be allowing the lowered rates no doubt two years before those fighting them do.
 Switching Cars.
 The Alabama railroad commission spent all of Thursday arguing the case of tho Wood -Dckerson Lumber company vs the Birmingham Southern railroad seeking either the lowering or the elimination of the switching charges in the territory of the lines. Many leading railroad mea had part in or listened to the speeches.
 Frank s. White, Jr., and former Chief Justice s. D. Weakley appeared for the railroad company, while these other rail- road men were present: Walker Percy of the Birmingham Southern, John F. Tillman of the Seaboard, James Weath- erly and J. s. E. Thompson of the South ern. C. II. Johnson and J. II. Cameron for the Republic Iron and Steel company.
 This Is rather q peculiar case in rail- road commission litigation. MT. Percy. for the defendant line, and the Republic officers are, along with the plaintiffs. lined up against the trunk lines, the con- tentlon being that at one time the charges on the line in question were absorbed by the trunk lines. Failure to do so now means big loss to both sides of the siti- alton, the line of road and the business men on it. So it is one of the few nasf5 in these troublous times where one rai- road is lined ID against another. or seY- eral others.