Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-07-16
FORMER AUTHORIZED
BY COMMISSION,
OTHER NOT, HE-sAYs
Tells of New Rules Prohibiting
Discussions of Rates, While
Cases Are Pending Before
Board.

don that he was unable physically 70 &C
on with the investigation which is nov
being made into his suspension. the Joint
committees of the senate and house took
a recess Thursday until Monday morn
ing at 10 o'clock. Mr.. McLendon said
that he had been under a strain both
physical and mental, and having declined
any assistance, felt unable to 90 ahead
with the examination of witnesses with
out a rest.
The committee, however, took half an
hour to finish certain testimony of Judge
George Hillyer and Warner H. Hill, mem
bers Of the railroad commission Judge
Hillyers testimony was particularly IN
teresting as correcting certain impress
sions he made Thursday, and throwing
new light on certain rules Of the COM
mission and their Interpretation.
Judge Hillyer said that he had beer
understood to say Thursday that he saw
no difference between riding free on ar
inspection of the Atlanta Northern Rail-
way interurban to Marietta, which he
admitted at Wednesdays session he had
done, and riding free in a private, car on
an inspection Of the Atlanta and West
Point railroad, which Mr.. McLendor had
done.
DRAWS DISTINCTION.
Judge HiIlyer said there was differ
ence in this, that the trip on the interur.
ban had been approved by the entirs
commission, and the A. and w. p. iris
had not He added that the car offered
by the interurban company was open To
both the commissioners and the plaintiffs
who sought reduction in fares on the
line, and that It was at President Ark
wright's suggestion that the commission
completed its Investigation on he read.
Judge Hillyer then read a transcript
of an order forbidding free transports
ton. He thought, though, there was
provision exempting commissioners who
were on public work. and Ii was this pro-
vision, which authorized the use OF the
educational special 50.
The original order was passed on De-
cember 80. 1907. On December 81 this
amendment appears: Provided further
that the commission will, upon applica-
ton and proper showing made, author
ize free or reduced, TRANSFORMATION to
fairs, exhibitions or for other public pur-
poses only"
This amendment was not quoted by
Judge Hnlyer. He said that he could
not recall the exact wording.
RULES ON CARDS"
He said that the commission had taken
no specific action on certain cards Mr..
McLendon had written the papers on
rates, but had delegated to him Judge
Hillyer) the preparation Of certain rules
for the government Of members and en-
ployes. One rule was that no member
should express an opinion on pending
case until that case had been considered
in executive session and an opinion rem
dered, and no opinion should be rendered
afterwards which might be used in liti-
CATION that might grow out Of the case.
rhe other rule provided that any publi-
cation by the board should be signed By
the chairman for the board. and that any
members publication should bear hi
own name and should be made only in his
private capacity.
These were new rules. Judge HIllyer
said. <f4
In reply to questions of Mr.. Wright
Judge Hillyer said heSthought these rules
were adopted after Mr.. McLendon had
written that famous letter to the Albany
board Of trade, but couldn't be sure. No
special reason was ever assigned for their
Judge Hillyer added that he
was not interested in the Hillyer Invest
ment Co., that he didn'a say Wednesday
that he remembered every word Mr.. Nc
Lendon had ever said in the commission.
Mr. Hill was put on the sand and ex-
amined briefly.
Next Mondays session will be a partic-
ularly interesting one. w. H. Patterson,
through whom Mr.. McLendon handled
the Athens Street Railway bonds, who
was ready to testify Thursday, will APP
pear Monday. as will also Asa @. CandleE'
They are expected to go further into the
bond question. Judge Hines will also tes-a
tify further.
Warner Hill was, excused from appear
ing Monday, having a court engagement
and Commissioner of Agriculture Thomas
G. Hudson was excused altogether, as
were the newspaper men who had been
Owing to the fact that s. G. McLendou
said that he was physically unable to &c
on with the investigation by the joint
committees of the house and senate. adj
journment was taken until Monday al
10 a. m.
Judge Hillyer and Mr.. Hill. however.
were briefly examined.
THE AFTERNOON. SESSION.
At the afternoon session Judge George
Hillyer took the stand and explained GER
tain statements made in. his testimony in
the morning. He said that for two years
he had been constantly in Mr.. McLen-
don's company and he recalled every con-
he had had with him.
Judge Hlllyer was asked II he had
stated Mr.. McLendOn had opposed any
resistance before the interstate commerce
Of the raising of rates.
The reply was that Mr.. McLendon's
attitude was not of active resistance, but
was passive rather than otherwise dur
ng the trial of the case.
MIR. Boyd asked if the witness had ever
asked Mr.. McLendon for any information
which the latter withheld. Judge Hillyer
'eplied that such was not the case.
Various members of the committee piled
Judge Hillyer with questions. all Of which
we're answered in detail, but none OF
which broSSht any new testimony. His
was largely a rehash Of the
estimony delivered in the morning.
Mr.. McLendOn asked Judge HilIyer IL he
lad ever made an inspection trip over the
Atlanta and Northern railroad and II he
,aid his fare.
Judge Hillyer replied that he did and
lad not paid any fare. He admitted oc-