The Birmingham age-herald., 1910-04-10
ANSWERS MADE BY
 MALLORY AND O'NEAL
Define Attitudes Toward Rate
 Litigation
IN ANSWER TO NEsBITT
Both Candidates in General Way Express Their, Willingness to Carry the Matter to the Court of
 Last Resort

'hquiry, and to see that the policy O the present administration in employin, special counsel to defend the state fl the railroad rate cases which represen seven years of work, legislation and liti gaton. W. D. Nesbltt, president of tn railroad commission. but acting in hi capacity as citizen and shipper, wrot to the two candidates for governor, ask ing their position in the matter.
 Below are given his letter, and thei replies, which go minutely into the rail road litigation situation in Alabama a the present time, and it's probable futur, developments. Both candidates, to cer tain extent, express their willingness tC carry the matter to the court of last re sort. Here are the letters:
 Birmingham, Ala, March 14, 1910.
 Dear Sir: The proper regulation O. public corporations, and especially oul common carriers, is a doctrine to whicl all candidates of all parties now vigorous iy subscribe
 The general phrase proper regulation IS so indeterminate as to be meaningless. to those who believe in the necessity oi enforcing at certain times certain specific details in order to accomplish certain specine results from proper regulation.
 l am one of many business citizens ot Alabama who have in the past sever years worked to have the law regulat. Ing common carriers made possible oi enforcement through "a commission witt adequate power" and to have clearly de. fined the line of separation between the franchise privileges" of the common car. riers and the "rights'' of their custom. CTS, the shipping and travelling public.
 There Is no controversy at this time on the theory of this control. Our laws are in effect and in most instances the regulations are working satisfactorily both to the people and the carriers.
 l am the last person to wish to inject controversial questions, to disturb the present status, or to retard the expand ing prosperity now manifest in the earn ings of our carriers
 There are, however some matters of detail in enforcing the regulations of our statutes with which you, in case you are elected governor, will have to deal and in regard to which l would like to know your views. In asking you to state def Initely your position on these questions for the benefit of myself and other in terested citizens l trust you understand have no desire other than to have an intelligent understanding of your
  portant to the development of individual effort and diversified industry in Ala bama.
 The legislature has appropriated cer- tain moneys for paying the cost of liti- gttion instituted against the railroad and other state officers by certain railroads now contesung In the United States court for the Middle dis trict of Alabama the sreasonableness of the 2l2-cent passenger fare and local rates of freight on certain articles of use and production.
 These railroads in 1907 secured from that court an injunction against the applica- tion of these rates. The state officers ap- pealed from this decision and succeeded in having 1t reversed and the injunction dissolved. The rates, both freight and passenger, are now In effect on all rail- roads in the state and have been since June 1, 1909. The saving to the travelling and shipping public Of Alabama is stated by the railroads to be more than $1,0G0,- 900 annually.
 Present Litigation
 The contesting railroads are now at- tempting to show that these rates are low and evidence is being taken at Louisville and Savannah before masters appointed by the federal court A great mass of evidence is being intro- duced by the railroads and it will be several months before all the evidence is taken. the arguments made and the cases submitted.
 In the event of a decision by the federal court adverse to the states contention an appeal will again have to be taken and this time to the supreme court of the United States. or there must result an of the states claim for the present freight and passenger rates and the re-establishment of the Scent pas senger rate and former higher freight charges in Alabama, while our state seighbors and competitors will continue to enjoy the benefit of the lower passenger fares and freight rates. This con tingency if it occurs. will likely arise turing the next administration and with the next governor will rest the necessity of deciding if an appeal shall be taken and the appropriation used to defray the ex- penses.
 It seems to me that since the present rates are no lower than those for years granted our nearest state neighbors and they are just and reasonable and should not be finally set aside ex cept by decision of the highest court.
 Irrespective of personal opinion tn, questions involved are too important tt both the railroads and the public to b, settled other than by court of last re sort.
 What is your opinion of this matte and what will you do if the question O appealing these cases should arise durini your administration?
 The masses of figures being introduce, in evidence by the railroads are culle, and collated by a small army of clerk and exports who have been working fo months to find and present to the cour all original facts and deductions iron and combinations of figures that are ia vorab1e to the contention of the railroad and adverse to a continuance of the rate now in effect. Even to intelligently checl and analyze the reams of these state ments to find the inconsistencies, not the omissions and combat unreasonabl and fallacious conclusions and argument require an immense amount of time an, expert work. To gather and collate tn facts omitted and to present the correc deductions takes more time and knowl edge. This time and knowledge are valu able and have to be paid for.
 In the discretion of the governor lie the power to withhold or furnish tn funds to make possible full and intelligen inquiry.
 What is your opinion of the prope course in this matter and if elected wha will be your policy?
 Lawyers on Other Side
 Including the special counsel secure, by the railroads, and their regular eoun sci, the best they can find irrespectiv of cost, there are now, and have beel for months, more than 20 able lawyer searching the statutes and decisions o the courts for words, sentences and par agraphs into the lettering of which cal he read direction Or aI1thoritv for th present trial court to say the state ma, not interfere with the charges for trans portation formerly collected by the rail roads.
 The state must have counsel. in addi ton to the attorney general to give thei