The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1911-08-17


for refusing any freight reductions at that
particular time, Mr.. Hill, in his opinion, cited
this matter as one of his reasons for refusing
the Beck Gregg petition. In my written
opinion | did not touch upon it from sense
of loyalty to Governor Smith I did not wish
to say anything that would look like criti-
cism, or, that would in substance amount to
charge of willful neglect of duty
The matter to which I refer, was certain
suspended orders which had been issued by
the Commission, making very substantial re-
ductlons In freight that would have applied to
every part of the State. These orders reduc-
ing rates were issued by the Commission in
1906, and 1907, and were tied up at the time
of the enactment Of the Gambler bill, by tenn
porary restraining orders. Similar, and also
contemporaneous freight rate reductions had
been made in Alabama, and were likewise tied
up by temporary restraining orders
The Gambler bill disarmed the Railroad
Commission, by transferring to the Governor
the duty of enforcing the orders of the Com
mission. The Alabama Legislature was struck
With this wonderful feature Of the Gambler
BILL and enacted the same principle soon after
the Gambler bill. Governor Conner took adj
vantage of the decision of the Supreme Court
handed down in January, 1909, and under
these decisions obtained from the Circuit
Court of Appeals decree, reversing the de-
clslons of Judge Jones, in granting these
restraining orders, and compelled the railroads
of Alabama, under Judgment of April g. 1909,
to put into effect the reduced rates in Ala
bama. These reduced rates were actually put
into operation one month before Hoke Smith
vacated the office of Governor of Georgia.
Noao, Governor Smith could haze done pre-
cisezy achat Governor Conner of alabama did,
of Af aoT
the benefit Of has former clients.
Judge Hines will render the state great
service if he will tell the people why Gov
ernor Smith did not enforce the circulars is
sued by the Commission, reducing freight
rates to, and from all points in the State OF
Georgia, and practically on all of the rail
roads in the State of Georgia He had the
option of doing this, or forcing the Com
mission, or attempting to force the Com
mission to grant small, and exclusive, re-
duction to few shippers in Atlanta
[ could have called attention to Hoke
Smiths failure in the discharge of self-im-
posed, and very plain duty, in my decision in
the Beck-Gregg case, and would have done
so, but for my indisposition to do, or say any
thing which would embarrass him. Had I
known how heartless, how cruel, how unjust,
he was going to be; had been able to foresee
the daily deluge of venom and vituperation,
which was to be heaped upon me by this pa
per; if had been able to foresee the nightly
gathering of lobby, at a private residence,
where were assembled men too dull to realize
that they were jurors being tempered with
by the prosecution under the cover of night,
and secrecy, and too weak to resent the vul-
garest insult to heightened, virtuous, and self
respecting manhood; had been able to foresee
that such assemblages might be held night af-
ter night, with not single man present brave
enough, and with character enough, to stand