The Birmingham age-herald., 1908-01-22
TRIAL TURNS FROM
 ORATORY ID FACTS AfidavitS Presented By Rail-
 road Attorneys STONE GIVES FIGURES
lE GIVES FIGURES
Says Gross Income Is Off s32,ooo For January-Declares That Alabama Has Cheapest Rate In
 the World.

Montgomery, January 21.-(speciaD After short address in reply to the speech of former United States Senator Spooner by Judge S. D. Weakley. for the state today the railroad litigation before Judge Thomas G. Jones, in the United States court, took a turn from oratory to facts, or at least to alleged facts. as presented in affidavits. It was agreed to begin at once on ar gument as to right and justice of the new rate laws and the expediency of holding them up by injunction until they can be investigated with regard to the charge that they are unconsti- tutiona1 and confscatory.
 It was agreed that tn ere should be consumed five hours on a side and General Counsel Stone of the Louis- vile & Nashville opened the argument He said that every corporation has a right to earn as much as the legal rate of interest in every state. This much has been shown by many decisions of the courts which he cited. He pre- sented affidavits to show that under the new rates the railroads cannot earn anything, in some cases the in- dications being deficits. In showings of returns in given territory for three months under the old rates and three months under the new showed that there would be no net return to speak of in the latter case.
 A number of affidavits were also presented from merchants, bankers and real estate men in Montgomery to show that these earned ten to Twenty-Five per cent and never less than eight per cent. Mir Stone sai dthe classification of the roads was after the whim or the favoritism of the governor and was unfair and unjust. He contends also that the rates are being fought under state acts and entirely within the rights of the litigants on both sides. He was very severe at times on the unfair ] methods he thought were employed to make trouble for the railroads which are all the time working for the best interests of the state.
 Gross Income Less.
 MT. Stone made the startling state
 
 Louisville & Nashville is for each of January $32,000 less than it was for each corresponding day of last Janu- ary. If the present conditions con tinue throughout the year the gross in- come of the Louisville & Nashville for 1908 he said. will be $11, 100000 less than it was in 1907. The stock of the company, which was at 150 a few months ago, was driven down by un- favorable conditions and the anti-rail- road war to 99, but has now slowly climbed back until 1t is practically at par.
 "The average rate on the total ton mage In Alabama,' declared MT. Stone, lis lower than that of any of the thir- teen states in which the Louisville & Nashville is operated. The rate on the Alabama tonnage is the lowest known rate In the world"
 Col. Stone presented affidavits to show that on all divisions and under favorable conditions which existed pre- yious 10 the passage by the legislature of the rate acts the Louisville 6 Nash vile Is making less than five per cent on the actual value of it's property; and in many instances the affidavits point ed out the income Is less than one per cent.
 WeakIey for the State.
 Former Chief Justice Samuel D. Weskley for the state, began his re- ply to MT. Stone late in the afternoon. He had not proceeded far when the court recessed until tomorrow.
 It is probable that the arguments will be concluded tomorrow. The law yers on both sides reached an agree ment today where each side is to have five hours for it's presentation of the merits of its own affidavits. It Is un- derstood that the decision of Judge Jones will not be rendered as soon az the argument Is concluded. He will take some days to consider the papers and the arguments. It is tn ought prob able that the arguments will be print ed and submitted and presented again in that form to Judge Jones.