The Birmingham age-herald., 1910-10-24
RIGHT ID CONTROL
 RAILROAD RATES
Georgia Commission Will Have
 Fight on Hand
AGAINST A REDUCTION
Rates Between Atlanta and chatta- nooga Are Principal Ones Not Yet Fully Settled Upon By
 Railroads

Atlanta October 23.-(special)-one of
 the most far reaching subjects which
 the state railroad commission has ever
 taken under consideration, and into
 which it has made only preliminary in-
 vestigation so far Is that which involves the question of interstate freight rates on the Western and Atlantic railroad be- tween Atlanta and Chattanooga.
 If 1t should develop that the state rail- road commission has control over these rates, 1t will be the first instance on record of a state railroad commission exercising jurisdiction over rates over which it has heretofore been conceded the interstate commerce commission has exclusive control.
 It is not generally known that 1t was Gov. Joseph M. Brown, who was at one time in the railroad business and con- nected with the Western and Atlantic, who suggested that provision of the pres ent lease contract under which the Nash vile, Chattanooga and St. Louis now holds the Western and Atlantic, which is the property of the state But it was he who, in letter upon the subject ad- dressed to those who were engaged in the work of framing the lease, that it would be expedient, wise and advisable to incorporate therein a provision giy- ing the state the right to control rates on the Western and Atlantic over its entire length, extending several miles nooga
 Special Attorney James K. Hines has interpreted the lease contract to mean that the railroad commission has a per feet right to control rates between At lanta and Chattanooga. The commission has not yet adopted that opinion, but is now engaged in making further inquiry and hearing from both sdes the Nash vile, Chattanooga ana St. Louis on the one hand, and the Atlanta freight bureau on the other, the latter having petitioned the commission to apply to the Western and Atlantic the Georgia classification which would mean a reduction, approxi- mately, of 20 per cent in rates between Chattanooga and Atlanta.
 But it is not only the question of Chat tanooga-Atlanta rates that the Nashville, Chattanooga and St. Louis and other roads are fighting, it is, in effect, the matter of control by the Georgia rail- road commission, through it's authority over the Western and Atlantic. of inter- state rates from almost the entire north and west to the southwest, because the Chattanooga-Atlanta rate figures In all most every through rate, between these two territories, If tire railroad; rorhnli isison should both and exercise 7fts- control over the interstate rates on the Western and Atlantic, by making reductions therein, it would be almost in a position to dictate rates between the north and west and the southeast.
 It is a safe bet that the railroads are not going to submit supinely even to the of any such domination.
 On the other hand 1t is freely talked in circles these days that the rail- roads are not going to submit to any further rate reductions at this time, until after they have fought to the limit In the courts. This talk was revived as the result of the action of the railroad com mission yesterday in granting reductions in the special iron rate in Georgia, also at the instance of the Atlanta freight bureau.
 If the commission should both decide that it has Jurisdiction over the rates on the Western and Atlantic, and that these interstate rates between Atlanta and Chattanooga and intermediate points should be lowered, the lessee would, with out doubt, refuse to obey the order. The next step would be to re- port to the governor such refusal, with tfe request that he take steps to forfeit the lease of the Western and Atlantic.
 Such action would, of course, bring the matter into the courts and 1t would mean a battle royal in which more than one ar two railroads would he interested.