The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-12-14
RENEW FIGHT ON
RAILROAD RATES
Taking of Testimony viii
Begin January 4
SESSIONS IN LOUISVILLE
Four Systems Will Attempt To Prove
That Rates Are Taking Away
Property Without Due Pro-
cess of Law.

Montgomery, December 12.-(SpeciaL)-
After two years of sparring, the four
railroad systems lighting the rate laws
of the 1907 session of the legislature and
the state. are to get down TO basis of
fact in the taking of testimony to show
whether or not the rates imposed by the
state are just and sufficiently remunera-
tive to render profit. After trial of
the schedules. including the 21s cent pas
senger fares, for six months the trans
portat1on companies are asking renewal
OF the injunctions by which the rates
were once held up, 1t being charged that
they are in effect taking property with
out due process of law. as the earnings
are not in excess of the cost of service
There are five rail- lines and one trust
company involved In the litigation, the
Louisville and Nashville. the South and
North, the Nashville, Chattanooga and
st. Louis, the Western of Alabama and
the Central of Georgia, also the Central
Trust company of New York, holders of
the bonds of the Central of Georgia
Shortly after the rates were adopted and
before put into force the rail lines held
court, the allegation being that they
were so low that profits could not be
earned out of them. The United States
court of appeals, however, held that the
rates ought not to be enjoined before
tried, so the test was put on.
The notice sent out today. served on
Attorney General CARRIER and the other
lawyers for the state, is as follows:
United States Circuit Court for the
Middle District of Alabama-Lousville
and Nashville Railroad Company VS..
Railroad Commission of Alabama and
others, South and North Alabama
Railroad Company VS.. Railroad Com
mission of Alabama and others. Nash
vile, Chattanooga and st. Louis Rail-
way VS.. Railroad Commission of Ala
bama
'Messrs. Alex NJ CARRIER. Attorney Gem
eral of the State of Alabama: Samuel
ID Weakley, and H. c. Selheimer, At
torneys for the defendants in the
above entitled causes
pursuant to the agreement heretofore
had between the solicitors In said causes
as to the notice to be given for the COM
mencement of the taking of the testi-
mony therein, you are hereby notified
that on Tuesday, January L. 1910, at 10
o'clock a M, the compliments in the
above entitled cause will commence the
examination before the special master, OF
commissioner, appointed for said pur-
pose, of the following witnesses, and
such other witnesses as may at such
time and place be called by the com
plainants at the Office of the Louisville
and Nashville Railroad company. in the
city of Louisville, state of Kentucky.
viz: w. H. Courtney, j. E. Willoughby.
G. E. Evans, B. M. Stark, w. A. Col
ston, c. B. Compton. and will continue
such examination from day to day as
may be necessary.
You are further notified to be present
at such time and place and make such
cross-exanination of said witnesses as
you may think proper
GREGORY L. SMITH,
b. L. STONE
''CABANISS & BOWIE,
GEORGE w. JONES,
u. M. FOSTER,
Solicitors for Louisville and Nashville
Railroad Co., and South and North
Alabama Railroad Co.
GREGORY L. SMITH,
"CLOUDE WALLER,
"a. &. GOODHUE,
Solicitors for N. c. & st. L. Rwy."