The Birmingham age-herald., 1909-04-09
RAILROADS ARE
 N0T SATISFIED Conference Lasts Far Into the
 Night NO DECISION REACHED Two Courses Are Being Considered, One to Ask Rehearlng and the Other to Carry Case to the
 U. 8. Supreme Court.

Montgomery, April s.-(special)- That the three railways long in op- position to the new state laws are not ready to give up the fight even with the decision of the court of ap- peals against them, is indicated by the fact that long into the night officers and attorneys studiously worked over the legal feature of the situation. Every man talked to said the fight was only just beginning and would not stop until every case is won or 1t Is definitely known that they can not be. No definite idea of course of action was decided upon tonight, tn ough it is understood there are two l under consideration, one to carry the fight by application for writ of cer- tiorari to the United States supreme court, and the other to apply for rehearing from the court of appeals. If the first course could be carried 1t would mean the review of the action of the court of appeals by the high CT tribunal. Application for rehear- ing must be filed in seven days, not 20, as at first tn ought.
 By tomorrow some idea will be de- cided upon. The men here are as fol- lows:
 President M. Fl. Smith, H. L. Stone. general counsel; Gregory Smith. s. J. Bowie and J. Manley Foster, of the Louisville and Nashville.
 Vice President w. A. winburn. Gen oraI Caunea1 C,,p tn erl,a n, IT,. 4p; = HEo.. ager J. c. Halle and R. E. Steiner, of the Central; Major Steiner also repre- senting the Western road Others are expected.
 In the meantime Governor Conner is here and the state officers will also be getting ready to combat any move made.
 Like Nine Days Wonder.
 Like nine days wonder, the rate case rulings, out of the United States circuit court of appeals. Is the talk of the city and the future course of both the state and the rail lines is very much a matter of interest. It seems to be a fact, however, that the state wins, any way 1t is viewed.
 That the rail lines must put in the statutory rates every one seems to agree. The belief Is that there will be no other way under the rulings of the courts to determine their reason ableness under the law. The court of appeals recognizes that there will be no recourse in case after a fair trial the rates are found not to be remunsr- ative, but reconciles this in the state ment that it Is one of those unfor- tunate situations, like tax cases, that seem to be unavoidable in equity liti- gation.
 Hence the general belief is that when the mandate of the court comes back here and IS made final there will be trial made of the rates of the 110- commodity group, during which time the cases may be progressing in either the state or the federal court, and the time of trial will make basis of fact to go on in agreeing in the end as to the profit prospects of the sched- u1es. It is thought by some that one year will be short enough time, while others think that half that would be plenty.
 No Penalties.
 There have been no penalties, thing that has attracted much comment be- cause of the doubt. The acts provid- ing penalties were suspended. They can only become operative in case, after the mandate of the reviewing court is filed, the roads refuse to put the rate in. Hence it is that the rates may be installed with the re- sumption of the status existing be- fore the injunctfons were issued. It is presumed that the effect of the decision is to annul every one of the injunc- tions issued out of the lower branch of the federal court here.
 There is a belief that the whole mat ter will be compromised between the state and the railroads. It has been suggested that the railroad commission with its powers restored might say that it will make tho passenger rates 2N cents per mile and run the no com modities up ten per cent, and that this action might so meet the approval of the railroads that they would not further contest the situation. This would be a good way. it is thought, to,