The Birmingham age-herald., 1912-04-11
Action of O'Neal Begins An other Chapter in Famous
 Rate Cases
STATE MAINTAINS
 GREATEST SECRECY
O'Neal Has Nothing to Say After Conference Except State Would Resist to Last Ditch Restora-
 ton of the Old Rates

Montgomery, April 1o.-(special)- The state of Alabama will appeal to the United States supreme court from the decision of federal Judge Thomas G. Jones in the rate cases between the Alabama railroad commission and the Louisville and Nashville, the South and North Alabama, and the Nashville, Chat tanooga and St. Louis railroads. This decision was reached late this afternoon after a conference between Governor o'NeaI. Attorney General Robert G. Brickell, Judge Samuel D. Weakley, II. c. Selheimer President Charles Hender- son of the railroad commission and As- sociate Commissioners Frank N. Julian and Leon McCord.
 Governor O'Neal and all the other conferees were unanimous in their opin- ion that an appeal should be taken 60 the supreme court, and the case will be before that tribunal just as quickly as the records covering the cause can be prepared and printed. According to Attorney General Brickcll the case will reach the supreme court by october or November.
  in regard to the matter after the con- ference except that the state would ap- peal and resist to the last ditch the restoration of the old passenger and freight rates by the railroads
 The action of the governor and state officials this afternoon marks the be- ginning of another chapter in tnc famous rate cases, which will probably lnot be definitely determined until some time next year. In the meantime the
 state is preparing to fight its cause in
 the highest court in the United States and those familiar with the famous case
 are expecting one of the most interest
 ing lights that has ever been made be-
 fore that high tribunal.
 The State Maintains Secrecy 1 On the part of the state the greatest secrecy is being maintained with refer 1 ence to it's course of action, and 1t Is i doubtful if any positive announcement
 will be made relative to the matter from any official source for several days. Il | is known that the state will resist the railroads in advancing the rates to the | last extremity and Governor o Neal Is quoted as having said that the state has
 no idea of standing by and seeing thu
 results of years of patient litigation prove | fruitless.
 Much of the talk in official circles to- l day was to the effect that the railroads would probably rescind their action 1T l regard to advancing the passenger fares l Mefchants and those familiar with com
 mercial and industrial conditions of the | state maintain that the railroads will I ultimately seek a compromise with tho | state, the basis of the compromise be- | ing on an advance of the freight rates alone. This opinion has been expressed | by several well known business men o1 | the city as well as by others who con- tend that the railroads will make a great | mistake in trying to restore both the pas senger and freight rates.
 Since the announcement of the rail l road commissions action in citing tho | Louisville and Nashville and the other railroads affected by Judge Jones' decree 1 to appear before that body on May anc l show the reasonableness of advancing the 1 freight and passenger rates, there has 1 been considerable discussion regarding the probable attitude of the railroads rela- l tive to obeying the orders of the com
 mission.
 It is believed that railroads will obey | the order of the state commission, though no opinion has been expressed in ref erence to the future course to be pur-
 sued by the roads. This will probably | be a matter for the courts to decide, In
 which event probably the same mode Of
 procedure will be followed which char.
 acterized the beginning of the fight be- | tween the state and the railroads sew
 eral years ago.