The Birmingham age-herald., 1911-11-10
PRESIDENT SMITH IS A WITNESS IN
 RAILROAD PROBE Veteran President of Louis vile and Nashville Tells
 Interesting Story CASE OF BIRMINGHAM SOUTHERN WEARS END A. K. Smith Testifies at Day Session and Attorney Percy Attacks
 Written Evidence-Night
 Session Unexpected

The most dramatic and interesting in-
 cident in the hearing as to the traffic po- sition of the Birmingham Southern rall-
 road occurred last night when Milton H. smith. the veteran president of the Louis
 vile and Nashville railroad, gave his evil denee resisting the Atlanta, Birmingham and Atlantic and Birmingham Southern joint traffic arrangement.
 The dramatic portion of the evening session before Examiner J. Edgar Smith for the interstate commerce commission came when President Smith completed his two hours of testimony. Surrounded by giants in the local railroad world, and by attorneys of wide eminenee the. daddy
 Of southern railroading gave graphic
 aud absorbing detail of the early stages
 of Birmingham life. With strength Of
 memory possessed by few men his age, and with that fiery personality in evidence
 that has caused the spirit of many to cuail. President Smith told of personal incidents and recollections of the carly days. He reeounted the stirring times
 here as to the developments, and inform
 ed the younger generation of railroad men before him that the present situa- ton was the task of school boys, figu- ratively speaking, compared to the early days MT Smith related incidents or trackage penetrating to many coal mines. told incidents of the struggles of the late Col DeBardeleben and the other "old timers with a touch of color and Pa- thos that held those who listened spell bound by their vividness.
 MT. Smith was expected to go on the stand at the opening this morning, which is expected to be the conclusion of the hearing in this city. However Attorney Colston requested the evening session In order that the hearing might be complet- ed in a shorter time. The attorneys and Examiner J. Edgar Smith agreed and the evening session of the case began at o'clock.
 President Smith on Stand
 For two hours President Smith occupied the stand. He was examined by Attor- hey Colston of the Louisville and Nash
 vile railroad. President Smith said the
 Birmingham Southern was piece of nc- ton, and that he did not consider the line a common carrier in the sense that it should be recognized as such by the initial lines. He said that to pay any
 money to the Birmingham Southern sim
 ply swelled the coffers of the Tennessee company which was in a sense rebate On the tonnage from this district originaJ- ing with the Tennessee company. His cross examination was in the hands
 Of Walker Percy, general counsel for the nj. Inc rr4-n men are personal friends. Mir Smith per
 sisted in his peculiar forceful way in passing on the explanations and giving evidence in his own way of the general situation. Questions made no difference
 to the general of the Louisville and Nash vile who told the examiner and those listening what he considered was the .rue situation.
 In discussing rebates President Smith said that although his line had been ap-
 preached and asked for rebates that 50
 far as he knew, and he was pretty apt to know such things, the Louisville and Nashville railroad had never in it's whole fife given directly or indirectly a rebate
 to any shipper. He went into details as to the ole situation in Birmingham He said that he did authorize the issuance of annua, passes and that was alb the relating ever done. if that was termed such. President Smith then gave an ac- count of the railroad owned by brew cry in St Louis and gave a Imaginable explanation of the fat brewer riding 10 New York and to his summer home ill Florida in a private car on free transpor- tatjon. H Percy Cross Examines