The Birmingham age-herald., 1908-10-18
M, H, SMITH COMES BACK AT COY. COMER Says Governors Efforts Are
 Those of Agitator CALLS IT AN "INFIRMlTY Asks Governor If He Wants To Go Back To Old System of "Rebat-
 Ing" at Which He Can
 Hold He Own.
CALLS IT AN "lNFIRMlTY'

vile and Nashville railroad, in answering @ recent interview of Governor Conner, says that his efforts are those of an agi- tator, and that he has been of much in- jury to the interests of business. He says that claims that have not been paid to lumber shippers will be when proven, also that though MT. Conner said through bills of lading were not given through the port of Mobile he had before him lists of sail ings of H vessels out of that port by which through bills were given. He de- nies the statement of the governor that rates have been advanced on cotton in the state. His intolerance of the wishes of those who may differ with him is recog- nized by all who have dealings with him. It is an inhrmity," says Mr. Smith.
 MT Smith says:
 'My attention has been called to an ex- tended communication from Hon. B. B. l Conner, governor of Alabama, in which he. in a characteristic, frenzied manner, repeats the accusations he has for many years been making against railways, courts, etc.
 '"rhe anirnus of his expressions regard ing railways is that they do not always conduct operations in the manner demand l ed by him, and that the court does not always make its opinions conform to his 1 ultimatums. His intolerance of the views l or wishes of those who may differ with l him is recognized by all who have deal ings with him and by many others. It is an infirmity.
 He argues because the railways, es- pecially the Louisville and Nashville Railroad company, have not refunded all of the claims for overcharges on lumber in accordance with the decision of the United States supreme court in the IL II. | lift ct al. vs. Southern Railway company ct al. case. The Louisville and Nashville Railroad company is a solvent corpora tion, and, while 1t continues to be so, must pay all lawful claims. Some of the claims have already been paid and others will be paid as soon as accurately adjudicated. May 1t not relieve the pognancy of the governors anxiety that the claimants shall be paid, to know that the largest benefciaries are railway companies, they being the largest purchasers of yellow pine shipped from points in Georgia dur ing the period in which the contention was being adjudicated in the courts, and during which the claims accrued? Or does his anirnosity extend only to the railways of Alabama2
 This illustrates the erroneous position assumed by the governor when he com
 plains that he is restrained from reducing
 the rates of the railways until the justice
 of his contention has been adjudicated,
 and demands that the reduced rates be
 put in effect and then adjudcated, when
 if the decision should be favorable to the
 contention of the carriers, the revenue
 that they would have derived had they not been restrained from putting such rates in effect cannot be recovered, while
 on the other hand the railways are re- quired by the courts to give bond to re- fund the difference between the rates act
 ually charged and those finally fixed. should the decision of the courts sustain the action of the state.
 He charges that the Louisville and Nashville Railroad company refuses to give through export bills of 1ading
 through the port of Mobile, on freight shipments. I have before me an ad- vertlsing card, issued by the company
 entitled "Sailings for October, 1908
 Mobile, Ala, in connection with the Louisville and Nashville Railroad com pany," giving the sailings of 21 ves-
 sels for which it solicits shipments on
 through bills of lading to foreign
 ports.
 He complains bitterly of the small
 advance in rates, effective August l. on
 packing house products, grain and
 grain products, from the Ohio river tc
 points in Alabama. These rates have
 now been in effect two months and 8
 half. Has any consumer complained
 of the increase? Let me again call his attention to the fact that much the larger portion of packing house prod ucts, grain and grain products, con- stunned in Alabama is produced in the
 state According to statistics compiled
 by the United States government the
 state of Alabama produced 47,849,39. bushels of corn in 1906. The total ship. ments by rail from points on and be. yond the Ohio and Mississippi rivers and from Nashville to points in Ala. bama, Mobile not included, during tht year 1906 was 3,551, ,625 bushels.
 "He complains of the increase fl
 rates on cotton from points in Alabama
 to southern mills. I am advised tha : such rates have not been advanced
 that there have been some slight ad Justments from a few unimportan ! points, involving slight reductions al well as slight increases.
 He raves because competing rail ways publish and maintain uniform rates between competing points, Hov can the commerce of the country b, conducted in an orderly way excep | Oy uhilOilH idltS Dy competing car { riers? Different rates by competing carriers necessarily cause confusion and discrimination between persons an, places, which is prohibited by existing laws. Does he wish return to tn, practices that so long prevailed, whicl resulted in numerous rate wars irieg 1 ularity in adjustment of rates an, secret rebates? Undoubt tedly in thos times the governor, from his wei known energyand activity, did not per init his competitor in trade to gain an, i advantage over him. If cut rates wer fnaugurated he would be among tn first to benefit thereby and his wei | recognized ability as business mai insured him his full share of the bene fits derived from secret rebates.
 His rage against railways, especial ly Alabama railways, is unsuitable. I would seem that he ought to be satis fled with the results already accom- plish ed Thousands of employees out O employment, or only employed part O the time shops closed or partially so many industries dependent upon thu activity and prosperity of railways il distress; innumerable vacant dwell ings in all the industrial cities; thous ands of people leaving the countr, weekly, forced to emigrate because un able to obtain employment, etc. An, yet his rage Is in no way modified. Hi persistent and effective efforts to de stroy are in effect putting in practice the meth ods advocated by the irrespon
 sible agitator"
 Satisfaction is what vol wont Wa'11 oivo if to vo,, ~,