The Birmingham age-herald., 1911-11-12
PUT IN FULL DAY l |NTHE BIRMINGHAM 1 SOUTHERN HEARING Evidence Practically Com
 pleted Before Adjourn
 ment at Midnight LOCAL MEN HEARD l REGARDING RATES Jemison and Exum Explain Impor-
 tance of Having Birmingham Southern Declared a Common Carrier

By working with energy and witn out unnecessary relaxation, the inves- tigation into the status of the Bir-
 mingham Southern railroad was prac- | tically concluded at 12 o'clock last night.
 | From the testimony the interstate commerce commission will determine whether or not the Birmingham South- ern is simply plant facility of the Tennessee Coal, Iron and Railroad
 company or whether 1t discharges the duties of common carrier to the eX- | tent of deserving the favor of the joint tariff arrangement which the trunk | lines entering Birmingham enjoy. | The tariff agreement between the At- lanta, Birmingham and Atlantic and the Birmingham Southern, which pre- | cipitated the controversy, is suspend | ed by order of the commission until | the arrival of such a time by which that body will have reviewed the tes- | timony January 29 the decision will l be announced or there will be another l six months suspension of the traffic agreement. It is generally believed that the controversy will eventually | find its way into the supreme court of 1 the United States.
 While there seems to be doubt as to whether or not the Birmingham Southern will win the several points for which it is contending, the assid- uous Interrogation by Attorney Lyons for the commission of witnesses as to the switching charges demanded of
 companies on the Birmingham Southern line which are indepenccnt of the Ten nessee company, gave an indication to the effect that in his opinion those companies, at least, should not be hand . icapped by a denial of the Birming- ham rate which is granted to com panies on the lines of the trunk sys- tens.
 A. w. Carey Chief Witness
 As a rule the testimony yesterday
 was of a technical nature. The chief witness of the day was A. W. Carey, traffic freight manager of the Birming- ham Southern, who took the stand in the early morning hours, and was re- leased after the supper recess. Auditor Winslow of the Tennessee company tes- tified at the night session concerning the earnings of the Birmingham South : | cTn dlu It's HlldhCldl lCiotiohSi'P NiNi' 1 the Tennessee company.
 Interesting testimony at the morning session was given by Culpepper EXum chairman of the Birmingham commits sion; Robert Jemison, IT,, president of I the Jemison Real Estate company, and | by a number of Wylam, Pratt City and Corey merchants, all of whom testified that they were handicapped in their businesses by what they considered a discrimination on the part of the trunk lines against the independent companies located on the line of the Birming m Southern.
 In Culpepper Exum's testimony much was said concerning sulphuric acid, which the new company of the presi- dent of the Birmingham commission will manufacture at Corey. MT. EXun stated that his new plant, to cast more than S200,O00, intended manufacturing g sulphuric acid and selling it to the Tennessee company and the American Steel and Wire company. He was forccu to tell of the products used in manu- featuring sulphuric acid, from where those products are imported, the ma ture of the refuse and disposition mace of it.
 He testified, however, that his plant will be at disadvantage on account of the fact that the Birming-
 ham Southern does not participate in
 
 as his opinion that were the Birming-
 ham Southern to participate in the agreement the entire district would be benefited by better service and cheaper freight rates. -=ss a.. ,.. MT. Exum testified on cross exam ination that while the Tennessee com pany was in no particular interested in his acid plant, he had purchased his
 property from that company at about 5000 per acre, which, he admitted, was slightly below the market value for property in that community.
 Robert Jemison, Jr., Heard Robert Jemison, Jr., was given an opportunity to tell of the dream and creation of Corey, its growth, and to picture its future. Following his de- scription he stated, in answer to ques- tions, that the Birmingham Southern was tie only railroad or the district
 which had displayed any spirit of CO., operation with Corey and that, in his
 opinion, the denial of the Birmingham Southern the right to participate in
 the joint tariff agreement was a rank
 discrimination. He stated that the high CT rate on freight shipments which tho
 merchants of Corey were compelled to pay because to reach trunk line 1t
 was necessary for them to use the Bir-
 mingham Southern. not only handi-