The Birmingham age-herald., 1908-08-05
Railroads Must Restore FoIneT
 Rates
LIMIT EXPIRES TOMORROW
A Telegram Is Sent to Transportation Communicable Law Under Which
 Railroad Commission Is Acting Is Quoted.

Montgomery, August 4.-(special)- )-The railroad commission of the state has made request of the railroads which en- ter Alabama to restore the rates in ef- feet prior to the raises on classes B, c, D and F, from Ohio and Mississippi river crossings. In case such action is not taken within 4S hours after Tuesday noon which will be at noon Thursday, the state may undertake either to retalate or to force acquiescence under the na- tional laws.
 The telegram which was sent out to all the transportation companies reads as follows:
 Under section 5720 of the code the commission hereby gives public notice to the carriers of this state that tho present rates made effective August l. 1908, from Ohio and Mississippi river crossings on classes B, c, D and F, and other rates raised by tariffs effective August l, into Alabama, In the opinion of the commission are excessive and dis criminatory against Alabama interests. The commission hereby requests the rail- roads to file immediately with the in- terstate commerce commission a tariff of rates effective to points in Alabama, to become effective at the earliest pos- sible date allowed by said commission, said rates to be the same as were in effect from Ohio and Mississippi river crossings prior to August 1, 1908. The railroads are requested to advise the commission within AS hours whether or not they propose to take such action"
 
 The Law Quoted.
 The section referred to, 5720, is as fol, lows. 'sThe commission shall investigate all complaints filed with them of the violation by the transportation companies doing business in this state of the rules, orders and regulations of the interstate commerce commission, in their opinion, the rates or charges of such transporta- tion companies are excessive or discrim- inatory, or are levied in violation of the interstate commerce law, the commission shall present the facts to the tranSporta- tion company with a request to make such changes as the commission may ad- wise, and if such changes are not made within a reasonable time the commits sion shall apply by petition to the in- terstate commerce commission for re- lief.''
 Section 5721 may be used in the way of punishment or retaliation, if it is so desired. It says:
 The commission, when deemed by it necessary to prevent injury to business or in the interest of the people or the state, in consequence of any interstate rate wars, or inequality of interstate rates, or in case of any other emergency, to be judged by the commission, may temporarily alter, amend or suspend ex- cept as otherwise provided by law. any existing passenger rate, freight rates, schedules and orders on any railroad or part of railroad in this state, and such rates made by the commission shall ap- ply on one or more of the railroads of this state or any portion thereof, as may be directed by the commission, and shall take effect at such times and remain in force for such length of time as may be prescribed by the commission"
 However, the force and effect of this act is rendered void because of the in- functions now in force by the United States court, and which prevent the state from changing any rate that would have the effect of in any way lowering the compensation of the traffic lines in the state. The injunctions apply, however, only on three lines-the Louisville and Nashville, the Central of Georgia and the Western of Alabama.
 Agreement Reached.
 Alter prolonged session of the com mission on the question of appraisements, it was agreed that the railroads might use the blanks recently sent out to the extent that they could with convenience, and if in so doing they provided the in- formation needed the commission would be satisfied If not, an agreement would be reached later for the other informa- tion "The commission only desires the facts upon which to make up the valua- tions,' said Secretary Kennedy, and it does not care particularly how they come.'
 The question of uniform. rates on the Tennessee river was put over for a while until a schedule can be made up. This will be done In due time and the com mission will then see that they are put in. It is found that very little traffic of this kind is going on up there after all but it seems that there are number of trades with railroad connections that will have to be looked into.
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