The Birmingham age-herald., 1911-11-07
DECIDING STATUS
 OF LOCAL ROAD Determine Whether Line Is Common Carrier IS IMPORTANT CASE Railroad Officials Here From All Roads in the District-Being
 Tried Before Interstate
 Commission

mingham Southern railroad is only an operating subsidiary of the Tennessee Coal, Iron and Railroad, company, or IS a common carrier, a trip will be made on a special train over that line perhaps today or tomorrow. When Examiner J. Edgar Smith of Washington opened the investigation yesterday it was suggested that such trip be made, and the like lihood is that the officials here will view the line personally.
 There has never been held in this city any hearing by an examiner of the inter- state commerce commission, which Is so important or which has attracted so much attention from well known railroad men as that up for determination here now. President George G. Crawford of the Bir- mingham Southern railroad attended the entire session yesterday. Walker Percy, counsel for the Birmingham Southern. and Judge Rosser, general counsel for the Atlanta, Birmingham and Atlantic rail- road. appeared also. Attorney Colston for the Louisville and Nashville Railroad company questioned the witnesses yester- day, being assisted by General Solicitor Albert s. Brandeis of the Louisville and Nashville Railroad company.
 A distinguished array of railroad off c.als and attorneys appeared yesterday morning when the case was called. The general opinion is that the case will last perhaps five or six days, during which time tho railroad men will make trips be- tween their headquarters and Birming han. T. c. Powell, vice president of the Queen and Crescent Route, returned last night to Cincinnati and will be back to- night.
 The first witness called yesterday was c. R. Kealhofer, general freight agent for the Atlanta, Birmingham and Atlantic railroad. He was examined at length by Attorney Colston, but was excused by MT Percy, who only asked one question:
 'Is it not a fact that you only issued this tariff by direction of your superior officers and have made no particular study of it?"
 That is correct, sir"
 J. R. Rowland, freight traffic manager for the Atlanta, Birmingham and Atlantic railroad, was the next witness called and his examination lasted during the after noon session. He answered all questions put 70 him n a frank, open way, but the witness answered only as to tariff and technical details.
 Technical Evidence
 He WIlOl6 story IS DelIlS unlOlu6u Dy experts on tariff matters, but in such technical language that the ordinary lay man would no more understand than if it were Arabic.
 The witnesses who are understood to have been summoned are: President Har- ry M. Atkinson of the Atlanta, Birming ham and Atlantic; President George G. Crawford of the Birmingham Southern railroad: A. R. Smith, vice president of the Louisville and Nashville; C. B. Comp ton, traffic manager of the Louisville and Nashville; Statistician Lamb of the Louisville and Nashville: ]. R. Rowland freight traffic manager Atlanta, Birmng him and Atlantic railroad; c. B. Kealhof- CT. general freight agent for the Atlanta, Birmingham and Atlantic; L. Greene traffic manager of the Southern railway; T. c. Powell, vice president Queen and Crescent route; c. R. Capps vice presi- dent of the Seaboard Air Line railroad; !; M. J. McDonough. assistant general freight agent for the Seaboard; F. T. Wilcox. assistant general freight agent Frisco lines; A. W. Carey, traffic mana ger of the Birmingham Southern; A. D. Lightner, general agent for the Frisco lines, and perhaps others will be called later.
 It was announced yesterday by Judge Rosser, general counsel for the Atlanta, Birmingham and Atlantic railroad, that President Atkinson was in New York, but had been summoned and would reach Birmingham this morning and will be in attendance at the meeting
 President Atkinson is expected to be the most important witness in the hearing by reason of his line having taken the initiative in fling a tariff with the Bir- mngham Southern railroad.
 The railroad men who are here attach the greatest importance to the case now t-- ,NI 1x,k@ t- -nt1 I. tion of whether the Birmingham Southern is a common carrier or merely an operat- involves 6 vast amount of demurrage and rates A question that will arise from the decision should it be in the affirma- tive, will be whether past dues will be collectable under the ruling.
 The Atlanta, Birmingham and Atlantic, after getting into Birmingham, filed a tariff with the Birmingham Southern, recognizing that line as common car rer The railroads here were very much concerned in that tariff to the extent that the Louisville and Nashville railroad filed an application before the interstate com merce commission that the rate be sus- pended four months. Conferences to eff feet a settlement were unavailing and re- suited in Examiner Smith being asked to come here and hold the present investiga- tion. After the testimony has been com pleted Examiner Smith will submit a summary of the case to the commission for final decision.
 The hearing is being held in the federal building, and will be rusumed this morn ing at 9:30 o'clock.