The Birmingham age-herald., 1911-11-11
Technical Testimony To De- termine Rights As Con-
 mon Carrier
TRUNK LINES ARE
 RESISTING EFFORTS
Birmingham Southern Witnesses Be- gan Yesterday and It Is Probable
 Hearing Will Be Finished Tonight

Southern railroad is a common carrier and as such entitled to the traffic ar engagements. of the trunk lines, or whether 1t Is simply plant facility of the Tennessee Coal, Iron and Railroad company, Examiner Smith of the in terstate commerce commission con tinued the probe for eight heavy hours yesterday. .s. ..,A-,...,,.
 The examination of L. Green, freight traffic manager of the Southern rail- road, with headquarters in Washington. consumed practically six hours of the time, and the remaining two were con sumed by Walker Percy in delineating the legal status of the Birmingham Southern. Incidentally. D. T. Wilcox. assistant general freight agent of the Frisco, with headquarters in Memphis. and John L. Roberts, traffic manager of the Barrett Manufacturing company testified. A. c. Smith, Alabama Great Southern counsel, spoke in an effort to introduce certain statistics, and a lively tilt of words occurred between Chief Counsel Brandeis of the Louis vile and Nashville railroad and Exam finer Smith, in which the auditors found certain excitement.
 Before adjourning the claimants or protestants, the Louisville and Nash vile, the Southern, the Frisco and oth- CT trunk lines, completed their testi- mony, and the examination of the wit nesses for the Birmingham Southern expressed the opinion that by 12 o'clock tonight the case will have been con- cluded
 How Controversy Originated
 The present controversy followed the offer to the Birmingham Southern by the Atlanta, Birmingham and Atlantic of the tariff agreement which has been entered into by the trunk lines with terminals In Birmingham and the sue cessful effort of the Louisville and Nashville to have that agreement sus- pended pending an investigation into it's merits.
 The Louisville and Nashville and it's associates contend that the Birming- ham Southern is simply plant facil- ity of the Tennessee Coal, Iron and Railroad company, and that any rebate offered that railroad for the hauling of freight would be simply a rebate of fered the Tennessee Coal, Iron and Railroad company
 The Birmingham Southern, while not denying that 1t Is a plant facility of the Tennessee company, contends
 
 tracks and the growth of the district 1t is serving in the capacity of com | mon carrier, and that If it is denied the traffic arrangement enjoyed by other railroads Its independent patrons will continue to suffer a rank discrimina- . | ton.
 In the testimony of MT. Green a point | contention of the Birmingham South ern. The Jefferson Powder company has two plants within a short distance of each other and equidistant from Bir- mingham, the one located on the South = ern railroad at North Birmingham, and the other on the Birmingham Southern at Thompson. The freight originating 2 at North Birmin gham Is shipped over the Southern into Birmih~ nam and then over the Atlanta, Birmingham and At 1antic to Brunswick, Ga, at a rate of $66 per car. Freight originating at Thompson Is shipped into Brming ham over the Birmingham Southern at a rate of $10 per car. and from Birming- ham over the Atlanta, Birmingham and Atlantic to Brunswick, Ga, at a cost of s66 per car.
 This alleged discrimination against the shipper over the rails of the Birming- ham Southern is Justified by the other trunk lines in their claim that the Bir- mingham Southern is simply plant fa- ciity of the Tennessee company, and as such is not entitled to traffic relation ships.
 Greens Testimony
 The testimony of MT. Green was purely technical, consisting of an astounding array of figures concerning tariffs, cars, tonnage and mileage. He was exceed ngly cautious in his statements, and qua lifed his every remark by the ex- pression of opinion. Towards the con cluson of his testimony Mr. Percy, in a loud voice, urged him to answer ques- lions and not to evade by the express sion of his individual beliefs and later still, Examiner Smith suggested that he simply answer a certain question yes or no, but MT. Green positively refused to get excited, and in an even tone of voice concluded. No cross-questioning of MT. Percy could elicit the expression of any other opinion from him but that from his viewpoint the Birmingham Southern is simply plant facility of the Tennessee Coal, Iron and Railroad company. He intimated, in answering a question. that if there should occur a bona fide divorcement between the Ten nessee company and the Birmingham Southern, his line. in his opinion, would be willing to make rate with the Bir- mingham Southern.
 E. T. Wilcox came to the stand armed with printed list of answers conform ing to printed list of questions. His testimony tended to show the relation ship of the Frisco to the Birmingham Southern and was in line with that of MT. Green.
 The suggestion was made that MT. Will cox be removed from the stand, as his story was simply corroborative. Forney Johnston. representing the Frisco, sug- gested that the witness be removed fol- lowing an expression from the opposite side that 1t admitted as true what he would testify. Mir Percy then said
 q will admit that the Frisco has the same selfish interest in this litigation as the Southern and Louisville and Nash vile. and that MT. Wilcox will swear as did A. R. Smith and l.. Green"
 A.. G. Smith, representing the Alabama Great Southern. then stated that Vice President Powell had been present to tes- tify but that he was called away by sick ness and death in his family. Mir. Smith have testified as MT. Green, but when the point was raised that Mir. Powell had not heard the testimony of Mir. Green the references to Powell were stricken from the record. Mir. Smith then stated that he had some statistics to present. but the point was raised that the statistics should not he permitted without they came with authority from some witness MT. Smith then remarked that what he said should be put upon the record. as MT. Percy had. testified through IT. NJ. Atkinson. and that that witness had con- tented himself simply with differing from or agreeing with Mir. Percy.
 Ruling By Examiner
 The suggestion was then made that as MT. Powells absence was due, to a