The Montgomery advertiser., 1908-09-22
Commerce Commission
 Makes Order.
WANTS THE CORRESPONDENCE
Information on Increased Freights
 to Be Shown.
Hearing of Complaints Against the Railroad Corporations Begin. weakIey and Garber Among
 These Present.

Atlanta. Ga, Sept. 21--An order was issued at the close of the first days hearing before the Interstate Com merce Commission here today to com pei the Southeastern Freight Associa- tion of Atlanta the Mississippi Valley Freight Association, with headquar- ters in Louisville, Ky, and all the de- fen9ant railroad companies connected with the recently promulgated increan- ed freight rates on hay, grain, nour and similar products from Mississippi River crossings to points in the South east. to produce, not later than 10 o'clock Thursday morning, all letters. telegrams and other correspondents passing between the various roads since January 1. 1908, in regard to the proposed increase passing between said railroads and the associations named
 Tn addition. a subpoena was issued directing E. H. Hinton, Chairman or the Southeastern Freight Association. to be present when the Commission resumes it's hearing tomorrow with all of the correspondence in his posses sion upon the proposed increase.
 These orders came at the close or me first days hearings instituted by the Interstate Commerce Commission or the case of the A. F. Morgan Grain Company, of Atlanta, against the At lantfc Coast Line and other railroads' protesting against the horizontal m  in the Southeastern territory on Au-
 Tie Commission was represented by Commissioners Clements Cockrell ana Lane. while ]. K. Hines and Attorney General Hart appeared for the Georg,a Ratlroad Commission, and Special Alt .to;ney $. D. Weakley and Alex M Garber were present in behalf of the AIabama Railroad Commission. Judge E Baxter. of Nashville. as chief cous- rel and E. Walton Moore, of Wasnink- ton, represented the railroads.
 gOne of the most interesting features drought out in today.s testimony waa tbe estimate by three different Wit E nessea that the Increased rates wouaa cosN fine consuniers of Georgia frnm s1 900 GOO to $1.5O0,000 a year.
 The entire day following the outlln. tnersof the case by the attorneys was faken up with the examination or wis- nesses to show that the increase esms dasnite inc fact that the volume or husjness now handled was larger tnah line amount handled in 1904 imnse- d,ately preceding the freight rate re auction made in that year. Ihe heas' snsrs will be resumed tomorrow.
 Alnbama Men on Hand.
 ona of the most unique cases the f,on,nisston has even been called upon to hear, was opened before interstate commerce Commissioners Lane CocS-
  noon today. .,
 When they have finished taking the ay{dence of scores of State ofncials ana citizens of Alabama and Georgia ana of railroad officials of practically every line east of the Mississippi ana soutn of the Missouri Rivers, the Commls' sioners willIbe called upon to determ- inc whether or not it costs too much 10 eat in the Southeastern States or the United States. n
 The hearing will last four days in all probability. .. natttion of the Governor and others or Alabama, who allege that railroads in what is known as the southeastern territory, are charging unreasonapis rates on food products, parlcniarS grains and meats sent from NNS th ern points to Alabama ana Georsia' ,.ozen or more railroads are made de- fendauts.
 The Commissioners will not render a decision here, but will submit the evid- ence to the full Commission In Wasn- ington. .. nev General Garber, Railroad Commits sIoners Henderson and Nesbitt, and Clerk of the Commission, MT. Kennedy. all of Alabama, arrived in Atlanta late this afternoon prepared to go cn the witness stand before the Commission
  rates charged on tooostuhs III 'hs Southeastern district.
 n, Weakley and H. c. Selheimer. representing Alabama in legal eapat ity. also were present at tho opening session of the Commission this evsn- ing. c. ''' -sj--.-A--
 Attorney Wimbish, in outlining the ease for the petitioners, said he in- tended to show the volume ot business from the West to the territory involV- ed in the increased rate had increased largely since the rates were lowered in 1905 and was much more in l9OS than in 1905; that the commodities on which the increase was proposed were necessities and that fifty-eight other rates were allowed to remain as they had been for thirty years.
 He brought in question the South- eastern and the Southeastern Missis- sippI Valley Freight Associations by stating that he would endeaVor to prove that by the medium of these as sociations the increased tarins were made up and sent out on July 2S and the next day filed with the Commls sion at Washington.
 Judge s. D. Weakley, of Ala bama followed MT. Wimbish and after stat ing that he wished to approve all the latter had said, added that Alabama suffered from freight rates even higher than those enjoyed by Georgia even before the advance was made in August.
 attorney General Hart briefly out lined the Georgia case
 Judge Baxter. of Nashville, coun- sel for the railroads, briefly summar. ized the position of the roads.
 Attorney Wimbish called as the first witness for the plaintiff W. E. Small, a grocer of Macon Ga. He stat ed that the increase in cost to the con sumner in his territory would be $780, GOO year on account of the increased rates He said that his firm absorbed part of the increases, but that when trade adjusted itself the consumer would pay the freight,
 Black Dunn. of J. D. Frazier and Company. of Atlanta, produced a con- tract which provided an increase in the cost of the commodity to be shipped when the contract was made in July In the event the increased rate went into snect on August l.
 JudRe stone, General Counsel for the