The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-05-17
PLEA FOR LOWER
RAILROAD RATES
Georgia Railroad Commission
Will Have a Hearing
JoBBERS KEEP UP FlGH1
Vigorous Fight Will Be Made BY Rail-
roads Against Enforcement of Tiff
Headlight Law, Which Carries
Large Penalty.

Atlanta. May ecial.)-consider-
able interest attaches to the fact that the
railroad commission has fixed June as
the date for the argument, whether final
or not remains to be seen, on the pending
petitions for lower rates from the Georgia
ports to Atlanta and other interior points,
This date is some two weeks later than
1t was thought would be fixed when the
evidence was concluded on May 6, and
when counsel for the railroads stated
they would be ready for the argument
within 10 days or two weeks
But the stenographer has been slower
than was anticipated in making tram
scripts of the testimony, and this and
other things seem to have necessitated
more distant postponement.
Incidentally, too, attention has been
called to the fact in port rate talk around
the capitol that this argument will take
place only about three weeks before the
expiration of Governor Smiths term Of
office.
This fact has led to some interesting
speculation among those who aree watch
ing the progress Of the port rate situa-
ton.
big questions like this are not often
decided In day or a week or q month,
one of them said, land I would not be
surprised to sec the action of the railroad
commission in this case withheld until
after Governor Smith has gone out of
office. And then-oh, well. what's the
user
Naturally, If the commission Is going
to decide against port rates the governor
would like to see the matter postponed.
Then, at least, the failure could not be
charged up directly to his administration,
even though majority of those on the
board were originally his appointees.
"A favorable decision, of course, he
would be glad to have before he goes out
of office, but II its going to be against
him, it would be better from his stand
point to wait. Then the Brown admins
tration would have to bear the brunt Of
port rate defeat, whatever brunt there
may be to It.
''If the commission goes fully into the
evidence that was presented In these port
rate cases, 1t will take them more than
three weeks to canvass the situation and
prepare themselves for a decision. II
looks to me, therefore, as II it were go
| ing to be a case of wait, and, as for the
result why you can draw your own con-
| clusion."
| The fact is also dwelt upon in the gos-
| sip that apparently at least. two men,
bers of the commission appointed by
| off went
| into office on the port rate platform, are
now on the other side of the question.
| One of these is former Commissioner
Fuller e. Galloway of LAGRANGE, who
resigned, and although he was used as a
witness by the opposition to port rates,
he makes emphatic denial that this ques-
ton had anything to do with his resigna-
| ton.
The other is Chairman S. G. McLendon,
who, while he has expressed no definite
opinion, has given indication of the fact
| through written statement and through
| questions asked during the hearing, that
| since studying the situation he is not
| such a strong believer In port rates as
he used to be.
Strikingly interesting phases are thus
! lent a situation which has Its political
| as well as its economic side.
| The jobbers of Atlanta and of other
| points in the state are going to keep up
! the fight for port rates until the last ditch
| is reached.
| And II the commission ever grants them
| It is said the railroads involved will
| run the gamut of the courts twice over
| before they yield.
The commissions decision. therefore,
| whatever 1t may be, means practically
| only the beginning of 1t.
| The lasticity of port rates as political
| issue, is therefore, readily apparent.
That 1t will have its future uses in this
respect is scarcely open to question
Fight on Headlight Law.
A vigorous and interesting fight iss in
| prospect over the Tiff headlight law,
enacted at last summers session of the
J legislature, requiring all the railroads of
/ the state to equip such engines as they
I use on their main lines with electric head
/ lights within a year from the passage of
| the act. Thus the times at which the
/ law becomes operative is only two or
/ three months Off
The penalty for failure to comply with
| the law is practically the same 'as for
an ordinary misdemeanor, and fine and
! even Imprisonment may be imposed.
| 1t is said it would cost the railroads
in Georgia $4,000 or 100000 to comply
with the provisions of this law. Naturally,
therefore they are going to make a
strenuous fight against 1t.
This fight has just been begun in a
suit for injunction instituted by the Sea-
board Air Line Railroad company in the
United States court in Atlanta. f. e.
Galloway, an Atlanta lawyer, has been
appointed by the court as special master
to make inquiry into the case, take evil
dence and make report.
Mr.. Galloway has called a hearing in
the case for Monday, May "a, and sum-
mons has been issued to Attorney Cen
eral John c. Hart, all of the members of
the state railroad commission and all the
solicitors general of the circuits through
which the Seaboard runs, who have been
made parties defendant, to appear before
the special master at that time.
The Seaboard Is attacking the consti-
tutionality of the law on the ground that
it was not passed by the legislature in ac-
oordance with the terms of the constitu-
ton. The senate rejected the bill that
was originally passed by the house, and
passed a substitute by vote of 40 to O.
Then the house refused to reoed from its
bill and sent 1t back TO the senate as