The Montgomery advertiser., 1908-01-23
Conf licting Figures Stir
Up Argument in Rate Cases

various affidavits which have been hied.
It was Mr.. SeIheimer's duty, conceded
by his associate counsel. to carefully
study both the afiidavits filed by the
railroad and the afiidavits filed by the
State. These State affidavits had been
presented by Railroad Commissioners w.
ID. Nesbit. Mr.. Selheimer had stored
his mind with the contents of the con-
fiicting afidavits and he handled them
throughout the day easily and we'll
Incidental TO his familiar presefta-
ton of the contents of the various al
fidayits. Mr. SeIheimer declared that
the roads were accustomed in their
bookkeeping methods to charge bet
terments and improvements TO operat-
ing expenses and this he contended
was unfair and Illegal
Mr.. Seiheimer furthermore declared
that the roads could not demand IN
the courts that they be permitted to
earn any stipulated amount ON their
Investment no matter how small It
was. He commended that before the
Supreme Court would strike down a
rate IL would have to be first estab-
lished that the rate allowed absolutely
nothing on the investment and that
the road. IL 1t operated under that
rate. would actually lose money ~ IL
Mr. Selheimer was answered by Ma
ior r.. e. Steiner for the Western OF
Alabama and r. M. Cunningham. Jr.
OF the Central OF Georgia. The replies
dealt almost exclusively with figures,
for the two speakers took the propo-
sition that the statements rendered oy
their roads had been garbied and that
the roads had been put In false posi-
lions. They spoke only few minutes
but they earnestly repealed the charge
of unfair bookkeeping and returned to
the charge that figures had been mis-
quoted, TX not nlisreprese1ted.
Judge Jones himself was in doubt be-
cause OF the conflicting claims made.
He asked that all affidavits made In
the case be printed and he asked that
there be further argument today on
the issues, particularly on the issues
raised as to the objections made to
quotations and figures in the address
of Mr.. Selheimer.
The court therefore will devote today
to the hearing. although 1t was once
thought that the argument would have
been completed yesterday afternoon.
The State held the door throughout
most of yesterday. Only towards the
close of the day did the roads come
forward and then in the argument OF
r. M. Cunningham, Jr.
1t was distinctively a day Of techni-
calit.es. The greater part of the dis
cussion went over the heads of the
laynen. EerndpS only the navy StS "Ho
studied the case SO thoroughly and
so exhaustively completely grasped the
mass OF figures and comparisons.
In the technical feature of the States
case. Mr.. Selheimer was the chief de-
pendence. He had spent the nights
hours pouring over, affidavits. returns.
gross earnings, net earnings. capitals
cation and other subjects which were
of the greatest dullness to the aver
age laymah.
But. he came into court the master Of
a large and obstinate army of figures.
He was never at a loss for a table or
q row of figures, or comparison OF
numerals He had them all where he
could put his hands upon them, and
every now and then he would reach out
and get a fresh set Of figures. He
appeared, too, to feel a warm and per-
sonal interest in the array OF numer-
ais, which was inexplicable to the lay
men who tried hard enough to grasp
the flow and purpose OF the legal artth-
metfc.
Mr.. eelheimer never attempted any
oratory. The case. to his thinking, de-