The Montgomery advertiser., 1908-08-05
STATE EXHAUSTS
 LEGAL AUTHORITY

Alabama Commission will meet with
 general disappointment. | The words of Mir Thompson on this point were substantially as follows; / 'Of course. Mir. Chairman what say
 on this occasion should not be taken
 to be official or final. but do not
 believe that the Southern Railway will
 be disposed to make application to the Interstate Commission for restoration
 of the old tariffs. I do not believe
 that they would consent to this because 1t would interfere with the litigation pending now before Judge Speer. of the
 Southern district of Georgia. Tt would certainly weaken, if not destroy our legal position in appealing from the decision of Judge Speer for
 the very reason, as you yourselves can
 see, that to entirely withdraw the ad-
 vanced rates. which we think just and
 reasonable. and put in the rates exist ing prior to August 1. might be com
 strued as an admission that the new
 schedules are unreasonable. Without meaning to disparage your honorable body in the least, you know
 that you could not well take part in this matter It Is my understanding that the Georgia complainants are be- fore Judge Speer at Mount Airy today and that they. will get the perfected order of that court in such shape that the complaint to be filed with the na- tional tribunal will comport with the ther that the compliments intend to carry their complaint at once to Wash tngton and that the reasonableness of the rates will be tried out very quick iy
 q believe that 1t is the intention of the snational body to proceed with the hearing Independently of the Georgia fVera4 fra Ae xrrxrx rrA Anti Al arVa that if on investigation the rates are found to be unreasonable, Alabama shall not suffer any disadvantage with
 reference to the other states in ques- tion.'
 Roads wIlI Keep Faith. The question was asked MT. Thomp- son if the roads intended to keep their agreement made with Judge Weakiey and Commissioner Nesbit in Atlanta last week to refund the Alabama receivers of freight if the tariffs are found to be unreasonable. Mir. Thompson replied that he was not present at the confer
 ence in Atlanta, but he understood that
 such an agreement was discussed and along the lines indicated. He added that, in his opinion. the Hepburn act provides for the reparation of the ex- cess charges in the event the com
 pIaints hold good.
 Tn examining Mir Thompson and In Issuing the order that followed. the Commission was acting under author
 ity of sections 5720 and 5721. of the new Code. providing in effect that whenever that body believes increases in interstate rates are excessive or unreasonable they may present such facts to the transportation companies with advice as to what rates would be
 reasonable and request that they be put fin.
 All through the inquiry, the Southern
 Railway official re-affirmed the posi-
 tion of his and other lines that the advances are reasonable and that Judge
 Speer in Georgia was acting without
 his Jurisdiction.
 T do not see how 1t can be denied"
 said he. that the railroads have the
 right to initiate rates between States
 and that nobody has the power to properly suspend such rates until the Interstate Commerce Commission tfi-
 vestigates and finds them unreason-
 able"
 Prefacing his motion for the order
 that passed yesterday. . Commissioner Nesbitt read from Section 5721. of the Code. which by hint. the Commission gave notice 1t might enforce in sonie