The Birmingham age-herald., 1908-10-11

fairness of the same was first tried be- fore the interstate commerce commission. He cited the railroads to the fact that some years ago, when they forcibly in- creased their rates on lumber and put the rate into effect, and that notwith- standing after it was tried by him, by the interstate commerce commission and by the supreme court of the United States, in which they all agreed that there was no justness for the increase, and should be paid back, yet l understand the railroads have never paid $1 of it, and the Louisville and Nashville railroad, one of the largest corporations, declares that they will not pay back except at the eX tremity of the law.
 While the Louisville and Nashville railroad was arguing the contention be- fore Judge Spear, he took occasion to call attention to this and also that the railroad, by discriminating against the port of Savannah as a port, intended to destroy that port in favor of Pensacola, which he prevented I will here call at tention to our own interior federal court and our own Judge. that today the Louis vile and Nashville road is refusing to give through export bills of ladinG through the port of Mobile on foreign shipments; giving 1t instead to Pensacola, thus discriminating against Mobile and destroying our own port What pity that the state has no law by which it could take hold of these great corpora tions and make them treat the property and people of our state fairly and justly
 Repudated Agreement.
 "At the Georgia hearing, MT Nesbitt and Judge Weakley being present, the railroads agreed that they would give Alabama the same conditions as to rates preceding Q final hearing that they gave Georgia so Alabama was protected by this agreement. It is true that some of the railroads afterwards repudiated this none the less it was agreed upon
 q will state here for information tha [ MT Nesbitt, representing the commission, went to Huntsville to see Judge Hundley in order to secure a similar injunction for Alabama, and we had in mind, through Judge Shelby when we found Judge Hundley was absent. or going to be absent to secure the same injunction granted by Judge Spear when we found that the railroads had repudated their agreement. but when Judge Pardee SUI perceded Judge Spears injunction and put the rates in pending a trial before the interstate commerce commission, and after this supersedeas was granted by Judge Pardee, we sent Judge Wealkley and MT Nesbitt to LenoX, Mass, to con fer with Attorney General Bonaparte, thinking through him we could get a restraining order from the circuit court of the United States pending an investi- gation. and also that we could institute proceedings against the Southeastern Tariff association for their trust combine to put up increased rates or taxes on all the people of the southeast
 "At the hearing in Atlanta, MT. Hinton, chairman of the Southeastern Tariff as- sociation, his chief clerk and his stenog rapher gave in such testimony regarding the ation of the Southeastern Tariff association that it was evident that all attempt was being made to conceal the facts in the cases, the stenographer having even gone so far as to burn his stenographic notes just prior to the meet ing in Atlanta. So evident was this at tempt to conceal facts, that one of the members of the interstate commerce com mission addressing the railroad repre- sentatives and their officers from his seat criticised them for the character of the evidence they were aIiowing to go in.
 "The chairman, MT. Hinton, made the statement, however, that when the rail- roads met to raise freight rates they never came to vote, but simply had a
 
 vote would be against the law. It was evident from the testimony taken in At lanta that the railroads of this territory are in combine in having general in- crease in freight rates. As stated above. the first increase is on the living of the public: the next thing is an increase on cotton, the product of the people to the eastern mills.
 'They have thrown a subterfuge of freight on yard of calico, collars cuffs, brooches, but are now taxing everything a man has to have and use and produce no matter how poor or rich he is.
 Propose to Fight.
 And l will state here that we propose to go before the interstate commerce commission on every increase and sec if we cannot stop 1t. II is. no doubt. true that the railroads themselves are feeling the brunt of hard times, but l do not know of any business or any labor that is not feeling the brunt of hard times, and there is no justice anywhere on earth that under our law we should have one species of property holding the right to tax by law every other property in order that they may escape the economies that come from bad times
 ''I went from Atlanta to Washington to see Attorney General Bonaparte and President Roosevelt. and laid the facts before them of how Alabama. by our in ferIor federal judge. was enioined- How every child over six years of age was