The Montgomery advertiser., 1909-04-09
Consultation of War
 Here Thursday.
LAND N AND cENfRM
 OFFICIALS ARE PRESENT
Frankly Disappointed at Outcome sf Case Before Court
 of Appeals.
wSu Speak of No Definite Plans, Dut Declare Thas Fikht Is oniy sust Besun--Look for Pro-
 srsctea struExie.

omcials and attorneys of the con- testing Alabama railroads. headed by President Milton H. Smith. of the Louisville and Nashville Railroad. held .a long conference yesterday to de- ternaine the course of action to be fol, lowed as ag result of the adverse de- cision of the Court of Appeals In the Alabama rate cases. No plan for i'm mediate or future action was adopted at the conference yesterday. but 1t was announced that the cpntesting roads would fight the contesteu rates to the last ditch. and that the business of the conference was to determine in which way the light was to be continued.
 The railroad officials and attorneys will remain in Montgomery throughout the day and hold other sessions. It Is possible. one of them said. that an agreement as to their future course might be reached and an announca- ment of 1t made. It is safe to predict that the contesting roads will either ask for e re-hearing from the Court of Appeals. or they will go direct 10 the Supreme Court for a writ of certfor- ari. And 1t is possible that both moves will be made. The gentlemen in the conference which closed at o'clock last night. declined to talk of their probable future course. When asked If the roads would continue their fight against the legislative ects and rates. they were surprised that any one should doubt it. This question was not up for consideration. It had been decided long ago. The conrerencc was called for the purpose of deciding In
 hich way the fight was to be contin-
 d.
 Leading 0naciais Pre&ent.
 The conference was attended by { resident Milton H. Smith, GenerRi punsal H. L. Stone. District Attorney e regory L. Smith. Assistant District < ttorney Maniey Foster. of the Louis lie and Nashville; Congressman sid euAnin sham. and Dietrict Attsrnex R. l. 6teiner. EfnA President " A lar onrne ana General FNs8enxer A9eht O. Halle. of the Central Qf GeQxr aa. District Attorney aedf66 VI. ones, of the Louisviile and NAshvilie. on tour Of inspection with the dontgornery Board of EducationAl
 President Milton H. Smith came te dontgolnery on his private car and as oon as the conference closed last light he retired to his car, stationed. rear the depot Neither he nor any ,ther gentleman of the conference had nv statement to make, saying that lofhing had yet been determined upon.
 The conference which began shortly After noon was held in the law de- ,artnent of the Louisville and Nash ville, on the twelfth fioor of the First National Bank Building. The discus- sion continued Throughput all the af- ternoon. with no outsiders present The range of the discussion was wide, 1t is understood. covering every phase of the case. The officials and the att torneys were plainly surprised and disappointed by the decision at New Orleans. They had felt confident that the decision of the Court of Appeals would be favorable to the contestins roads, in view of the decision in the Minnesota and other rate cases. They ton victory.
 The fact that the Court of Appeals sustained nearly every contention of the roads was not much consolation to the attorneys in view of the adverse deciaion of the court on one vital point in favor of the State. The roads lost in that the court decided, with denoe produced at the first hearingl was not sufficient to show that the rates were confscatory before the rates were actually in operation. The court directed the institution of the rates and trial of them.
 Declare 1B8tGN COMM8G3a0Hys
 The railroad attorneys are still in- sistentiy claiming that the rates are so low as to> be confscatory and that to institute them would be to bring 4 heavy financial loss on the roads which could not be repaired. They. therefore. will continue to~exhaust ev- cry legal e1tort to prevent the rates from being established. If they fall in this they will continue to fight. If Ay.o 1t~Ksr ala a new appeal will be made to the courts and testimony will be taken as to the eonfiscatory nature of the rates.
 The mandate from the court of ap- pealr to carry Into effect the decision of Tuesday can not become effective until seven days have expired. By that time 1t Is expected the railroads will have determined upon their course and will have acted.
 zEay Ask RerHearinE.
 The attorneys may and probably will ask the Court of Appeals for a rehear- ing fthis is denied. or if the decissI ion stands untouched after the rehear- ing the attorneys will go immediately to the Supreme Court of the Unitod States for a writ of certlorari. If thls should be granted the mandate of the Court of Appeals at New Orleans will be Suspended and the decision of the court on the one vital point might be overruled. M
 On the other hand, should both the movement for reharing and the ap- plication for writ of certiorari fail. the roads would have to submit to the institution of the contested rate. In that event. as soon as possible, they would assert the claim in the court of Judge Thomas c. Jones that the rates were conhscatory and offer to produce evidence showing their conflscatory ma ture The court would then be en- gagged for several weeks in hearing testimony as to the value of the rail road property and the effect of both the new and the old rates.
 First Evidence Enough. / The railroad attorneys declare that the evidence which they have fled be- fore Judge Jones is sufioient to show that the proposed rates are so low that they are conhscatory. notwith- standing the ruling of the Court of Ap- nsaIs They declare that a long drawn nvt hearing in court will only substan- Hate the claims. they evidence, that has already been supplied and which Sis. 1t is said. several thousand type written pages.