The Montgomery advertiser., 1909-05-18
Petition Of Railroads Is
Denied.
MAY GO IN EFFECT
WITHIN THIRTY DAYS
Railroads WIN Seek Mandate for
Extension Of Time.
Il d Most Probable That the Low
RateswIm be Given Trial,
When the railroads win Try
to Have the Law De-
clared confi.eatorys

w
Court OF the United States today de-
uied the application for writs OF GER
Aiorari in the Injunction cases In sne
Alabama Railroad Commission and the
various railroads Of that State. inVois-
ing the constftutionaiity OF the Ala
sbama railroad rate law.
The effect OF the decision - against
ehe bringing of the cases to this court,
as that was the purpose Of the peti-'
ton and was therefore adverse 70 tne
railways, which sought to nave the
Supreme Court review decision OF
the United States Court Of Appears LOT
the Fifth Circuit which refused 70
affirm Judgment of the Circuit coure
for che Southern District OF Alaoama'
holding the law to be conriscatory'
Rrief telegraphic advices to Private
Secretary McNeel. of the Governor.
stated yesterday that the petfions Q.
fbe railroads for a writ of certiorari
in the Alabama freight and passenger
rate cases had been denied py the
United States Supreme Court. me
telegram was immediately repeeked
10 Governor Conner by Secretary NC
Neel. the Chief Executive OF the STATE
no doubt getting the news on Top oL
his outing experience In Barbour
county yesterday. -.
The crisis viii probably bring the
Governor back today. It Will IKE.
wise bring back Attorney GeneFsl
hIex M. CARRIER, who at this time 10
on a visit to his relatives TOT uAs
or two in Marengo county.
Meantime the railroads await omclA.
Information from Washington, !ocaa I
counsel up to q late hour iast LIS,
NOT having heard word of the days
doings In washington. II Wes .ne
opinion of George w. Jones divisi0h
Counsel Af the Louisville and Nasnvlllo
HaSJroady that the roads would now Pc
tition the Circuit Court OF Appeals ror
= stay OF. the mandate. This VIII most
likely be done immediately ~ i the
mandate h aent to Judge Thomas g.
Jones OF the United States Circntl
Court here 1t would operate 70 pnt tn1
to effect the freight rates enacted oy
the last Legislature and the two ana
one-half cent passenger rate, II. how
ever. the mandate can be held up Tor
month the contesting railroads would
then have an opportunity to make the
new tariffs, have been issued and due
notice given of their going into effect.
The railroads affected by the decis-
Son ana on which the rates will most
likely be put In for test OF their rea-
condolences are as follows: Louisville
and Nashville, South and North Rail-
road, Central OF Georgia, western OF
Alabama, Atlantic Coast Line and Sea-
board Air Line.
Il is believed that the stay Of the
mandate will be granted by the Court
OF Appeals as 1t is recognized that 80
radical change In the freight and pas
sen9er tariffs of a modern railroad
could not. be effected In less than thirty
days.
Time For Trial.
There was considerable speculation
=. - a. - a =
rates would be tested. One lawyer
said that he understood tho present
status of the litigation to mean that II
the roads say about the middle OF June
initiate the low rates, about the middle
OF August or before they would have
figures compiled showing. as they
would allege. that the rates were con-
fiscatory. The proceeding then would
be to renew their application IN the
United States Court for RELIEF, baHing
their complaint then on evidential facts
and not expert testimony OF a theo-
reical or comparative nature, 4 char-
acter of evidence to which two OF the
three Circuit Court of Appeals object
ed when they reversed the lower court
ana dissolved the injunction.
On the other hand. 1t Is known that
the State will insist on a longer time
Tor test. Some say as much as 4
year will be urged upon the court as :
proper period in which to make fhA
test of the rates.
It was intimated by Soma
docking casually at the litigation. that
the Court of Appeals would NOT A..
tempt to dictate . certain period In
which the test should be made That
would. in their opinion, be an evIdens
tial fact which would be Considered
when the carriers, after having tested
them Tor some time. should apply for
one attorney predicted that q deflnIte
period would be fixed in the mandate.
or directed to be fixed by the District
Court. and the roads could At the ana
of that time present to the court the
results OF operation under the reduced
tariffs.
| States counsel, It Is reported. VIII
3nsist on liberal period for test be-
cause so short a time as two month";
lwould include only the dual months Of
the year and they wish the rates to
Happily through the months whom traf.
&c d heaviest.
'rhe opinion in the Circuit Court Of
Appeals" said q lawyer yesterday. ain
ftimated that mere afidavits of LAWYERS
about what may be expected of rates
IL they were applied to freight move
ment under certain conditions was NOT
sufilcient to warrant an Injunction
suspending the operation of the stat
ute. understood that decision to
mean that something tangible ought to
be presented as evidence. such as couId
only be derived from test. of the
rates in question. Therefore, I be-
lfeve that II even a short test is made.
say, less than three months, the re-
suits of the test can be used by COM
parison with results in the same cor
responding period of the year pre-
vtous. Then, II the evidence il to show
confiscatton, believe the injunction
will be re-issued"
In any event the next move Ia 10 be
made by the roads. and IL is very prob
able that they win ask for stay OF
the mandate.