The Birmingham age-herald., 1907-06-13
NO DECISION IS
 REACHED IN CASE Judge Jones Awaits Filing of
 Full Statements ROADS SEEK INJUNCTI0NS Alabama Fire Underwriters Elect Off cers--G. A. Thomas Is President.
 E. S. Moore of Birmine-
 ham Is Secretary.
ROADS SEEK lNJUNCTIONS

Montgomery, June 2.-(Special.)-No decision was reached today in the fight being made by the Louisville and Nash vile and South and North against the adoption of rate and regulation laws pass ed by the legislature.
 Judge Thomas G. Jones, before whom the cases were tried, will await filing of statements and figures by both sides be- fore he renders a decision.
 These two roads are seeking injunctions against all the laws included in the re- straining order of the other lines and in addition the maximum rate law by which no rate must be raised above that which existed on January l, last. It was argued that rates made to encourage industries were no longer needed by them, hence they were now discriminatory, and to keep them in force would be in effect Q perpetuation of discrimination by the state. The judge said he would render u decision in ten days.
 Cases Called.
 The Louisville and Nashville and the South and NortN railroads today filed af- fidavits, showing that the rates had been raised on twenty mine articles on the first road and nineteen on the second, and con- tended that this was done in cases where low rates had been made to encourage certain infant industries.
 The state argued that these rates had been increased from 40 to 9O per cent since January 1. on the ground that the railroads said that 1t was necessary Aor them to do so to live.
 The state was represented by Attorney General A. M Garber, k. w. Walker, Horace Strlngfellow and H. c. Selheimer. The railroad was represented by H. L. Stone, George w. Jones, Gregory l.. Smith and J. P. Tillman.
 Among those present in the court room were Charles Henderson and Maj. J. G. Harris = the railroad commission, w. E Kay assistant general counsel of the. At lantic Coast Line; George P. Harrison of the Western, R. E. Steiner of the Central, c. c. Prince of the Mobile and Ohio, James II. Weatherly of Birmingham and Senator Reese of Selma.
 Railroad Side.
 Gregory L. Smith, of counsel for the roads, opened the argument
 He said out of the many thousand rates shown by the railroads it would be inn possible for the court to take out each individual rate and rule on it. and that he thought it impractical He was of the opinion, then, he thought, the rates should be considered as a whole No one can take the position that the railroads are running their business for charity pur- poses, but they are as anxious as any one to build up the territory through which they run and there should be no iron-clad rules on rates.
 MT. Smith took the position that under the present laws the railroad commission has the power now to fix the rates of the railroads, notwithstanding the present statute under discussion. He said the court is asked not to change the con ditions which existed at the time the court was asked to intervene.
 The question of these particular items was not before the court. He said the only change made was the cancellation of the special rates. He acknowledged that some of the rates had been raised several thunder per cent, but stated that it was done for the purpose of encourage ing certain localities and certain infant industries to compete with others. That these were not permanent rates. These rates, he said, were made to make one market on a parity with another market Moth being in Alabama.
 \ In the South and North railroad there were only nineteen changes. The pur- pose was to equalize and to prevent dis elimination.
 He took the position that the ques- tion was in such shape that 1t would take their property without due process of law. He said that they took the posi- ton that the rates were fair and just and in the interest of the people,
 We are right upon all laws or pro- cedure and justice" said MT. Smith.
 Judge Jones wanted to know if the aggregate amount of the raises in the twenty mine items was shown and what effect 1t would have. MT. Smith stated it was not, as he thought that was cover- ed in the original bill.
 Garber Talks.
 Attorney General Garber for the state, spoke He took the position that these roads were inconsistent in their argument before the court. He cited one instance of the enormous raise in rates that of q barrel of syrup from Montgomery to Camden from 75c to $l9S. He said the rate on pig iron from Birmingham to Anniston on January l. 1907, was 90 cents per ton and on March 9, 1907. 1t was raised to s2.24 He said these rates the roads said was just and reasonable compensation, yet since that time they had been put back to the original rate.
 He cited another instance, showing that pig iron from Birmingham to Huntsville was s5.55 per ton, and that the rate 90 Buffalo, N. Y., was $4.90 and to Atlanta was s!.
 He said he didn't see where that was