The Montgomery advertiser., 1908-08-02
ALABAMA IS
 TO STAND PAT Will Await Courts Action in Georgia, RAILROADS GIVE ASSURANCES Will Be No Discrimination For
 Any Territory, If Judge speers' Decision is Favor able to Merchants Roads win
 Give Alabama as We'll as
 Georgia the Advantage.

The opinion now prevails that when the Railroad Commission or Alabama convenes in regular month ly session tomorrow the members will not worry over the advance Tn interstate rates to Alabama which went into effect yesterday. but that this body along with other agents of the State will rest on their oars Tor a few days This probability is based on the letter made public yesterday from Special Counsel Samuel ID. Weakley to Governor Conner.
 Judge Weakley. with Commissioner w. D. Nesbit. was in attendance on the hearing of the preliminary in junction last week before Judge Epeer. of the United States district court of Georgia, at Mt. Airy. While there they got the assurance Of the Louisville and Nashville, the Atlantic Coast Line. the Alabama Great South ern and other lines represented, that in the event the complainants were successful in getting the injunction made permanent application would be Immediately made to the Interstate Commerce Commission by such carriers for leave to suspend the advances of rates in Alabama as-sweil as other States outside of Georgia. The idea of the railroads is to do the square thing and not discriminate in favor of any territory.
 Meantime and beginning yesterday. the Alabama receivers of freight are to pay the advanced rates. These are increases of rates on food and grain products from the Ohio and Missis~- eippi river crossings. The advance. nccording to notice filed with the In- terstate Commerce Commission, affects the States of Alabama, Flortda, Geor- gia and the Carolinas.
 It is likely that the consignees will .R ea4e received beginning yesterday and the charges paid out therefor in ex- cess of the charges prevailing before the advance took effect. with Che view of applying to the Interstate Com rnerce Commission for a refund of the difference In the case of each shipper if. after an Investigation of the req condolences of the rates. the advances are found not to be justified.
 According to Judge Weakley. the further concession was secured from the railroads that if by Wednesday of this week the decision of Judge Speer in Georgia is not rendered in- mediate application will be made by the defendant carriers to the Inter. state Commerce Commission for a sus- pension of the rates to this State and others, pending such a decision of Judge Speer.
 As to what will be the attitude of
 
 finds that he should not make his in- Junction permanent is problematical Judge Weakley has advised the Gov ernor and Railroad Commission to stand pat for the present This they will likely do It is barely possible that Alabama may seek an injunction n some form from the United States Court if the complainants fail in their case in Georgia.
 However. this is by no means certain as Is indicated by a letter which has just been prepared and forwarded to the Governor by Attorney General Alex M. Garber. The latter oficiaI has had-the legal phase of the rate advances under advisement by the d. rection Of the Governor ever since the notice was first made of the increases. A day or two ago, just prior to the letter of Judge Weakley to the Gov ernor, the Attorney General furnish- cd the States Executive with a brief affecting the right of Federal Court rates.
 The Attorney General gave a lengthy. compilation of authorities and decis- Ions on the point, in fact, all such au- tnorlties that could be found, he re- ported that the preponderance of opinion seemed to be against an in- Junction in cases similar to the one in question. There were one or two pre- eedents furnished by the Attorney Gem eral Tor the granting of restraining orders against proposed rate increases oy a Federal Court. Also, the opinion or Justice Harlan was cited which held that an injunction could be is sued by the court before an investi- Eation of the' Interstate Commerce Commission if it appears clear to the Judge that the proposed advance in rates will deprive a large number of business men of a livelihood and profit which were enjoyed under the system or rates as were in force before the advance. O
 The whole proposition is quite com piicated 0'''
 H. S. Kealhofer, manager of the Montgomery Freight Bureau. returned yesterday from Georgia. where he att tended the hearing before Judge Speer with Judge Weakley and Com missioner Nesbitt. He would not say that the Montgomery Freight Bureau will take hand in the matter. but assured a reporter of The Advertiser that the local jobbers and wholesale merchants are not losing sight of the advances in rates.
 Railroad Commissioner John A. Lusk came to the city yesterday and spent an hour or so at the Capitol It is supposed that he is merely pre- paring for to-morrow's monthly meet ing, which will be his first attendance on a regular gathering of that body.