The Birmingham age-herald., 1908-10-11
STATE WILL FIGHT ALL RATE ADVANCE Lengthy Statement By Gov
 B. B. Conner CALLS ON THE PRESIDENT Asserts That Railroads Do Not Keep Pledoes-Big Corporations Have All the Protection-smal
 Ones None.

Montgomery. October 1O.-(Special)-ln a statement given to the press this after noon Gov. B. B. Conner says that the state will fight every advance made into this territory by the rail lines to the ex- tent of the highest court power given.
 He says that he went to President Roosevelt and Attorney General Bona parte because the state is tied hands and feet by federal court injunctions That the railroads do not keep pledges is proven, he asserts, in the alleged repudia- ton of the agreement made at Mount Airy, Ga, to maintain rates in statu quo while the litigation was pending. He pointed to the Louisville and Nashville giving through bills of lading through the port of Pensacola and refusing them for Mobile as a fight on the Alabama port. He concludes by saying that it is shown that under our laws the big corporations have all the protection and the poor men and smaller concerns are left out.
 The governor said:
 "I attended the freight rate hearing before the interstate commerce commits sion in Atlanta in which the testimony re-
  bama, Georgia and the southeast on grain and grain products, and meat and meat products was being taken.
 ''I went from there to Washington to in- terview Attorney General Bonaparte and the President, MT. Roosevelt, regarding the increased charges against the living of the people and the products of the people the railroads were inaugurating, and to ascertain if any means could be r.,l,t tin np the ingfpPsQ and fairness of these increases could be had before the increased rates could be put into effect
 Tn other words, when the Alabama leg islature was in session and passed laws decreasing the intrastate freight rates on no articles to approximately the same rate which the railroads were carrying in Georgia and had been carrying for the past 25 years, and notwithstanding this question had been discussed through the state for years, and notwithstanding the railroads had every opportunity to go be- fore the legislative committee, and did go before the committee, before the rates were put in, after the laws were passed they complained bitterly that they had not had a fair chance. They then went before the inferior federal court at Montgomery, presided over by Judge Jones, and under the fourteenth amendment to the constitu- tion claimed an injunction on the grounds that their property was being taken with out due process of law. This injunction was granted, and the cases are now be- fore the courts and will in time be de- cided.
 Alleged Inconsistency.
 'T wish to call attention right here to the contention of the railroads in asking an injunction that their property was be- ing taken without due process of law, and <4 .1.a. .1.. grain and grain products, meat and meat products. and which is now being extend ed to cotton, and I understand will be carried still further without giving the people an opportunity to discuss the ques- tion with the railroads; without giving the people a hearing of any kind whatever. they proceed to put these increased freight rates in, and it simply shows the justice of the contention I have always made, that the state was bigger than the railroads and should control them in their charges. or the time would come yilen they would increase their charges and be- lieve it right to do it.
 "It shows the justness of the law passed by the last legislature, that an increase of freight rates could not be made without the consent of the commission or the leg islature. It shows still further that Con gress will have to pass the same kind of law or the property of the state will be left to the cupidity of our great corpora tons and they can simply levy such taxes as they see proper.
 Fight on Raise.
 These rates were advertised to be put into effect August 1. The Georgia mer- chants got together and asked an in- Junction before Judge Spear of the fed eral court of Georgia. Judge Spear gave a hearing at Mt. Airy, Ga. MT. Nesbit. representing the railroad commission, and Judge Wealley, representing the attorney general. attended this hearing.
 Judge Spear decided that the proposed increase was on the very living of the people, and could not be levied until the