The Birmingham age-herald., 1909-06-24
REFERENCE ORDER
 IS MADE PUBLIC
Railroad Attorneys Close Con-
 ference With Judge Jones
MASTER TO BE NAMED
Claims for Excess Charges Cannot Be Made Until the Full List of Rates Has Been Made and Final
 Decision Rendered.

Decision Rendered.
 Montgomery, June 23.-(Special.)- a result of a two days conference between attorneys for the rail lines that are con testing the state rates, and the legal representatives of the state it is ex- pected that the actual issue of the test i of the statutory schedules will be made about the middle of July, though it will likely be October b before there Is any taking of testimony It will require that much time to get the various phases of the situation lined up so that the real work can be intellingeatly done.
 Judge Thomas c. Jones, of the United | States court. with whom the conference was held, finally agreed late this after noon upon what will be the order of reference to the master when that of ticer is named probably about July 15. i The judge also decided that the claims for excess charges, being the difference | between the rate charged and the stat l utory schedules, cannot be filed until the causes are finally decided, it being the theory of the court that there can really be no claim until the courts finally decide that the rates are reasonable.
 The state has pettioned for elimination of irrelevant matter in the supplemental bills, including the assertion on the part of the railroads that newspaper inter views and other like matter were the cause of the extra session bills that were so obnoxious to the roads. Later on the judge will rule on this and after that the state will demur and in time answer. All of which will take time It is really not likely that master will be named until September, as the out look is that no testimony will be taken until that time.
 In a word the contention is this by way of review: The state fixed rate of 2h cents fare for passengers and fixed 1 charges no commodities of freight haul. Declaring them to be unprofitable the railroads secured injunctions, which were in time dissolved by the courts, I which ordered that a test of the rates be l made to determine if they are reason able or not this test the roads are now preparing, and the machinery herein referred to is for carrying out the or | der. The Louisville and Nashville, the 1 Central of Georgia and the Western of 1 Alabama are the only roads fighting. all the others having agreed to the rates, 1 but if the rates are declared unprofitable the eompromisers will come in for all the advantages.
 Order of Reference.
 The full text of the order of reference, which will be put into effect with the appointment of the master, Is given be- l low
 In the Circuit Court of the United
 States for the Middle District of | Alabama.
 Louisville and Nashville Railroad Com l pany Complainant vs. Railroad Com
 mission of Alabama, ct al. Defend l antss
 Order of reference.
 1 New, upon this day, came the com plaintant, by Gregory L. Smith, Caba- | miss & Bowie George W. Jones, J. Manly Foster and Henry L. Stone it's counsel, and the defendants, by Alex | ander M Garber, attorney general; 1 Samuel D. Weakley and Henry c. Sel- heimer, their counsel, and thereupon it is now ordered by the court as fol- l lows:
 I. - is hereby appointed special | master, to whom this cause is referred, and he is directed to take such evil | dence as may be offered by either of | the parties upon the material issues l involved in said cause, and to report | his findings of fact thereon to the | court at the earliest reasonable time | practicable, together with a trans l script of the evidence introduced by the parties
 II. In taking such evidence the spe- cial master is authorized to avail him. | self of the services of such competent | and reliable stenographer or steno- | graph CTS as may be employed by the | parties upon such terms and for such ! compensation as may be agreed upon l between the parties to this cause to take down in shorthand and transscribe and reduce to type writing the testi- mony of the witnesses: and said special | master shall have power to fix such place or places for the taking of the evidence, in or out of the state, as may | in his judgment be most convenient to the parties, their counsel and witnesses ! reasonable notice whereof shall be given to counsel of record for com plainant and defendants.
 III. The said special master shall fix a time within which the complainant shall take it's evidence in chief, and the time within which the defendants shall thereafter take tho evidence in response. and the time within which complainant shall take its evidence in rebuttal, but he shall have the power to extend the time so fixed by him for the taking of such evidence by either party for good cause shown.
 For cause shown the master may permit either party to take evidence out of the order herein specified.
 The parties may agree upon the date from which the time for the taking of the testimony shall begin. But should they be unable to agree upon such time, the court will hereafter, upon the