The Montgomery advertiser., 1908-09-17
IN GENERALS CASE Owners of Congresses Are at War.
 CENTRAL MAKES ANSWER
 New Phase in Alleged Diserimina- tion.
 Road Answers Charge and Points Out It Was Made By Rival Conn., press owner-Dcnies Rights of Commission to Legisiate.

Judge A. D. Sayre yesterday morn | ing at 10 o'clock began hearing ar | guments of counsel on the injunction suit by which the Alabama Railroad l Commission alleges that the Central | of Georgia Railroad is granting dis criminatory rates against shippers of cotton at Union Springs and imme- diate vicinity using the congresses of the Atlantic Compress Company and asks a restricting order. The attor- ! neys for the railroad declared that the fight was started by rival compress | owner.
 ! The Railroad Commission is repre- l sented In the hearing by Attorney l General A. M. Barber, and Assistant | Attorney General Thomas Martin. MT. | Martin opened the argument for the commission. In stating the case Mr. Martin said that there was an affida- | wit to be offered showing that the Gen. trai of Georgia Railroad was a stock holder of s61,000 of the capital stock of $500, ,oo0',of the Atlantic Company. It was further affirmed that the Att lantic Company operated and owned | congresses averaging one for every seventy miles of trackage of the rail- road company.
 1 He alleged that 1t was the practice l of the railroad to ship cotton from l Inverness and other points surround | ing Union Springs to Montgomery in | the bale received from the gin, and to have the cotton rebaled and compress | ed In Montgomery. The cotton would | then be shipped on the lines of the | Central to some port on a through rate from the original point of ship | cry not charged, as the through bill | was on the Inverness rate. This is not done If the shipper has | his cotton compressed in Union ! Springs at the local compress plant. | The shipper has to pay the local freight from Inverness to Union l Springs. and a new bill is made for the compressed cotton at Union ! Springs.
 MT. Martin stated that this had the effect of making shippers use the com- press at Montgomery, thus preventing | the concentrating of cotton at Union Springs. injuring the business of that | city, and calculated to eventually drive the local compress out of business. Maj. R. E. Steiner for the Central | of Georgia followed Mir. Martin. Maj. Steiner claimed in opening that Sec- | tion 243 of. the Alabama Constitution forbids the delegation by the Legisla- ture to the Railroad Commission the | right to legislate. The order issued by the Railroad Commission he claimed | to be legislation, and not within the
 
 l commission could only pass upon the | reasonableness or unreasona bleness of l railroad rates.
 Major Steiner stated to the court | that the railroad charged a certain l rate upon cotton, whether such cotton was compressed or uncompressed. That the railroad made contract l with the Atlantic Compress Company for the compression of cotton meant for export. and that the railroad paid out of the hat rate charged to all cot ton all compress charges. we have satisfactory contract with the Atlantic Compress Company" said Major Steiner, for the compress sion of all of the cotton transported upon the Central's lines and 1t mat ters not to the shipper in the rate given him whether his cotton Is com- pressed in Union Springs or in Mont gomery. Troy, Eufaula. or any other point in which compress of the At lantic Company is situated"
 Major Steiner claimed that his road had the right to patronize any com press or system of congresses that It wished, since the rate granted to the shipper was the same. He claim ed that the Railroad Commission had not the power to make his road use the compress at Union Springs when it had made a contract for satisfac-
 
 The reasonableness of the rates made to the shippers is not in ques- ton in the bill of complaint which the plaintiff presents" said Major Steiner.
 AfidaNits were then read to the court in which 1t was stated that cot ton for intra-State shipment and con- sumption was not compressed. That the mills of the State preferred that the cotton be not compressed. How ever, in the cotton meant for export the railroads found it to be economy to have cotton compressed in that cars were more easily and heavily loaded with the smaller bale.
 He stated to the court that his road was doing the same thing that the plaintiff was doing at Union Springs. At that point the compress is, owned by the same person who con- trols or owns the Union Springs and Northern Railroad. which connects with the Atlantic Coast Line. and that he saw no reason why the Central nf Georgia could not do the same thing with the congresses which his road owned In part.
 In conclusion the arguments made by attorneys In the same case at hearing before the Interstate Com merce Commission were read to the court and submitted along with the afhdavits and other papers in the case by the defense.
 Attorney General Garber closed the argument for the railroad commission. Owing to the fact that 1t was neces- sary for him to take an afternoon train out of the oity, his argument lasted but a short while. His state ments with regard to the case were simply reiteratiOn of those made by hls assistant. MT. Martin. but he en- tered Into more detail upon certain points.
 Judge Sayre will take the case un- der advisement and will render his decision in the matter at a later date.