The Birmingham age-herald., 1908-06-12
STATE FILES SUIT AGAINST RAILROAD
  Central of Georgia Charged With Discrimination
 ! UNION SPRINGS SUFFERS Maximum Fine of $5ooo Is Asked. The Case Will Be Heard June 22 at Monteomery-The
 States Contention.
UNION SPRINGS SUFFERS

Montgomery, June 11.-(Special) )-The the Central of Georgia Railway, a part of the Hartman system. for fines aggre- gating s105,000, at the same time applying for injunction to prevent further discrimi- nation against the town of Union Strings and the cotton compress there, in viola tion of an order issued by the railroad commission on October 21, last.
 Il is alleged in the petitions, filed il the city court of Montgomery, that the railroad company diverges cotton from Union Springs to the congresses of the Atlantic Compress company, in which company the railway is said to have an interest. The intent is, 1t is charged, is to destroy the press at Evergreen.
 The penalty suits are for two fines. one of s5OO0 for a violation, if it proves to be so. of the act against discrimination, section IT, of senate bill No. 43, and the other for 5000 day for 50 days, for failure to obey the orders of the rall- way commission, by authority of section 3l, of the same act, the total being $105.- 0c0. The railroad commission petitions for writ of injunction to force the road to obey its orders. All the suits are filed by Attorney General A. M. Garber and Assistant Attorney General Thomas w. Martin. They will be argued on June l2.
 It is alleged that the purpose of the railroad company in not concentrating cotton at Union Springs is to destroy the compress at that point, which is owned by independent parties. The contention further, is that in sending the cotton to | lants of the Atlantic company, it is pa lronizing the property of the road, and that the road is in this way trying to make it possible either to force the Union Springs plant out of business en- tirely make it sell out to the larger company at sacrifice.
 The contention is further made that this is shown by the fact that while the roal will assemble cotton at Union Springs for compress it does ship it compress 5d back to that point and out on through b Ills of lading, taking in the compress charges and figuring them as part of the freight as in places where presses are utilized. This is charged to be T Discrimination in favor of the Atlantic congresses, which are termed a trust, end action tending to destroy property.
 If the press at Union Springs is de- stroyed, it is contended, the effort will be to deprive the people of the compress advantage now enjoyed and make the .,rice of cotton at that point cheaper. It means, in this way, not only a great loss to the stockholders of the compress, but eventually the people as well. It Is alleg- ed that the road Is trying to build up the presses of the Atlantic company at the ruin of those of any independent company and that this is done because the road owns the said Atlantic presses
 Attorney General Garber says that this is striking at the very heart of the busi- ness of the country, that if allowed to go on it will mean the ruin of all those en- terprises that come in contack with spe- cial interests and in the end make it diff ficult to conduct any business not domi- hated by trusts and combinations. He believes that this is a case not only to test the Alabama laws, but to show that the people have rights against the trusts that can be enforced. It is regarded by him and other lawyers of ability and standing as of vast importance to the whole country.