The Montgomery advertiser., 1909-04-10
Attempt at Compromise
 Fails. FlGHI WILL co ON
 WITH SAME OLD vIcoR Rzilfoad Officials Arc Again h
 Conference. . nvsrytAias New Peints To . Leng Drsw. ost Fishs whseh wri n.a l n tho sspre.e cesrt ef ths a Usst.s states.
nvsrytAi.E New Ps..t. Ts !. Le.s

Alabama rate cases will be made im- mediafely before the Court of Appeals at New Orleans by the aftorneys of the contestins railroads.
 Attorneys for both the State and the railroads win appear before Judge Thomas q. Jones' Tuesday and asA for lifting of the injunction. granted at the time of the appeal taken. which order stopped further proceedings in the case.
 mild attempt to Institute com promise between the two legal ad- versaries failed. and 1t is indicated that > the light win go on with, the same old vigor.
 - Such were the developments in the rate controversies. Governor Conner was at the Capitol and throughout the day he was in consultation with At torney General A. M. Garber
 In the meanwhile the corserence of the railroad attornsys and ofaciaIs headed by President Milton IT. smith. was being held. ss an adjourned sss-, Z sion throughout &e morning.
 gs During the day Attorney General Garber. Col H. L. Stone. Col. T. M. , Cunningham and other lawyers had 2 conference with Judge Jones yesterday about the further progress of the rate cases. The last set of bills fiisd att tacking the Legislation at the extra session. have not xot been answered by the commission Further prepara- tton of the cases was suspended. pend sng appeal to. the Circuit Court Of Ap- peals. There are also some exceptions to the answers of the commission to some of the first set .sof bills In one or two cases, which will be heard by Judge InNe@rons Tuesf1ay. @sfss VT X. Then the cases Are at Issue, the court will have to appoint a master to take the testimony. and when that is al In, which will require some months, the cases will be submitted for final deS cree For the present. so far as the tnjpncti0ns are concerned. evefytfing is at 6 standstilL The Federal Court here. although 1t made these orders, has no control over them now. The appeal transferred that part of the case te the Circuit Court of Appeals. The Circuit Court of Appeals will send down It's mandate within seven .iayR unless applications for rehearinE are filed. In that event. the sending down sof the mandate will be held up until the rehearihg is disposed of. It Is oer- tain application will be made for re- hearings. IL is supposed in any event, this will take 2 month or more In the meanwhile. the injunctions stand in full force, and the lower court fs bound to enforce them. Disobedience to them would be a contempt of court A A great many people, because of the 2 bad effect of the litigation upon busi- ness and the bacisset 1t .RiveR to ihe restoration of confidence are hoping that some compromise will be effected. So far as can be learned that is not ani the minds of the contestinE rail roads now; at least. that Is the best obtainable information in the absence of anything from official sources. The railroad people say they have lost money in the last two years even at the prevailing rates. and that the rates fixed by the statutes, if enforced. would ruin them. and that the rail roads which compromised and were given much better terms than th4 roads that fought In the courts, have lost money under better rates thar those now litigated about. s
 Everything now points to long drawn out fight, which wilI fnaIIv have to be ended by the Supreme Court of the United States and that win necessarily be several years from r,ov
 The attorneys for the railroads viii under the law, be compelled to fie their application for rehearing in the Court of Appeals before Tuesday. It can be said with assurance that it win be done. The application will he filed today or Monday in New Orleans. The application, until It Is passed up- on will serve as stay of the man. date of the Court of Appeals directing the dissolution of the injunction.
 The Court of Appeals recessed last Friday for three weeks. The appii- cation for rehearing, therefore can not be passed until the court recon : venes. Tn the meanwhile khe injunc- tion and the old rates will be in ef- feet. a.
 In the event of the failure of the application for rehearing the raiI- i, road attorneys will undoubtedly apply ? to the Supreme Court of the United States for writ of certiorari. If this as granted a new phase of the case will be opened.
 In the meanwhile the case will be proceeding to some extent in Mont gomery. There win ct least be a hearing of the. motion to lift the in- junction SO that the State can reply to the supplemental bills filed by the railroads. attacking the legislation of the special session. If the application for rehearing at New Orleans Is made. as 1t is certain that it will be. Judge Jones will not be able to grant the motion
 % An interesting phase of the case was suggestion made yesterday that a compromise be affected. whereby the Railroad Commission might give tho contesting railroads the same showing that 1t gave the Southern and other roads in advancing rates over the leg aslative made rates. But this was not kavorably received by the railroads In the conference when this was pro- posed one of the attorneys is said to have declared:
 we could not live under the rates accepted by the other roads. They have lost money by them. There are reports before the Railroad Commits sion showing that they lost money by them. If the rates are ruinous. as we have steadily claimed and as they as- . suredly are, we might as we'll fight 1t out to the finish
 President Smith. Col. If. L. Stone of ehe LouIsvllIe and Nashville. and Col lN N c,7nnlnRilafn of the Central of