The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-09-22
Documents Must Be Brought
Before Commission
ATLANTA HEARING is LIVELY
Correspondence Relative To Rates
Must Be Produced BY Thursday
Morning and Subpoena Is Is
sued for Railroad Man.

Atlanta, September 21-An order was
issued at the close of the first days
hearing before the interstate commerce
commission here today to compel the
Southeastern Freight association of At
lanta, the Mississippi Valley Freight as
sociation with headquarters in Louisville,
Ka., and all the defendant railroad com
panies connected with the recently pro-
mulgated increased freight rates on hay,
grain, flour and similar products from
Mississippi river crossing to points in
the southeast to produce not later than
10 o'clock Thursday morning all letters,
kilograms and other correspondence
passing between the various roads since
January l. 1908, in regard to the proposed
increase, or passing between said rail-
roads and the associations named.
In addition a subpoena was issued di-
recting e. H. Hinton, chairman of the
Southeastern Freight association to be
present when the commission resumes its
hearing tomorrow with all of the corre-
spondence in his possession bearing upon
the proposed increase.
These orders came at the close of the
first days hearing instituted by the in
terstate commerce commission of the case
of the A. P. Morgan Grain company of
Atlanta, against the Atlantic Coast Line
and other railroads protesting against
the horizontal increase in ~sSss,l mt rates
put into effect in the southeaeadef terri
tory on August l. The commission was
represented by Commissioners Clements,
Cockrell and Lane, while j. X. Hines and
Attorney General Hart appeared for the
Georgia railroad commission and Special.
Attorney s. d. Weakley and Attorney
General Alex M. CARRIER were present in
behalf Of the Alabama railroad commis-
sion. Judge e. Baxter, of Nashville, as
chief counsel and E. Walton Moore, OF
Washington, representing the railroads
Increased Cost To Shippers.
One of the most interesting features
brought out in today's testimony was the
estimate by three different witnesses that
the increased rates would cost the con-
sumers of Georgia from 81 100000 to $780,
900 a year.
The entire day following the outlining
of the case by the attorneys was taken
up with the examination of witnesses to
show that the increase came despite the
fact that the volume of business now
handled was larger than the amount
handled in 1904, Immediately preceding
the freight rate REDUCTION made in that
year.
Attorney Wimbish, in outlining the case
for the petitioners, said he intended to
show the volume of business from the
west to the territory involved in the
Increased rate had increased largely since
the rates were lowered in 1905, and was
much more in 1908 than in 1905; that the
commodities on which the increase was
proposed were necessities and that these
were raised where other rates were al.
lowed to remain as they had been for 30
years.
He brought into the case the South
eastern Freight association and the South
eastern Mississippi Valley Freight asso-
citation by stating that he would en-
deavor to prove that through the me-
dunn of these associations the increased
tariffs were made up and sent out
July 26, and the next day filed with the
commission at Washington.
WeakIey Speaks.
Judge S. D. Weakley of Alabama fol-
lowed Mr.. Wimbish and after stating that
he wished to approve all that the latter
had said added that Alabama suffered
from freight rates even higher than those
enjoyed by Georgia, even before the adj
vance was made in August.
Attorney General Hart briefly outlined
the Georgia case.
Judge Baxter of Nashville, counsel for
the railroads, briefly summarized the po-
sition of the roads.
Attorney Wimbish called as the first
witness for the plaintiff w. e. Small,
grocer of Macon. He stated that the
increase in cost to the consumer in his
territory would be $150,O0o a year on ac-
count of the increased rates. He said
that his firm absorbed part of the in
creases, but that when trade adjusted
itself the consumer would pay the freight
Black Dunn of j. d. Frasier & Co., of
Atlanta, produced a contract which pro,
vided an increase in the cost of the com
modify to be shipped when the contract
was made in July in event the increased
rates went into effect on August l.
Judge Stone, general counsel for the
Louisville and Nashville railroad, OBJ
jected to the contract being made a part
of the record. His objection was not
sustained.
Daniel Joseph of Columbus, Ca, and
A. P. Morgan, the latter the petitioner,
were among the other witnesses ex-
amined.