The Birmingham age-herald., 1912-04-06
SELHE|MER TALKS
 ON THE RATE CASES Action Will Depend on the
 Supreme Court Ruling ATTITUDE OF ROADS
Special Counsel for the State Is Very Much Pleased Over Status of Cases Which Have Been
 Pending So Long

That in sense the state and the peo- pie had won a victory in the railroad rate litigation and that an appeal from the ruling of Judge Jones on those cases would depend absolutely upon whether the supreme court decided that state rates were in violation of the interstate commerce regulations, was In substance statement made yesterday by H. c. Selhemer, special counsel for the state in the Louisville and Nashville, South and North Alabama and the Nashville, Chat tanooga and St. Louis railroad rate cases.
 He said that the chief counsel for the Louisville and Nashville had stated in the presence of the court in Montgom- cry that the passenger rate would not be increased to cents after the decision and that no increases in freight rates would take place on such commodities where increased traffic at. the decreased rate had proven profitable and showed an increase.
 Mir. Selheimer was yesterday very much pleased with the situation as broadly presented and made the following state ment:
 "Whether or not we will appeal the case of the state of Alabama against the Louisville and Nashville. the North and South and the Nashville, Chattanooga and St. Louis railroads to the federal supreme court depends entirely upon two things: The decision in the cases now being tried before the supreme court, and the action of the roads following the decision by Federal Judge Jones.
 'I do not believe the roads will take advantage of Judge Jones' decision and raise the passenger rate to 3 cents, In fact, after Judge Jones made his deci- sion at Montgomery, attorneys of the Louisville and Nashville and other roads stated positively that the passenger rate would not be raised, and that the freight rates that have showed an increase in business would not be raised. They did not state though, whether those rates that showed no increase would be raised.
 However, even if the freight rates re- ferred to were raised they would affect about per cent of the gross freight ton mage in Alabama.
 Taking everything into consideration. the fact that the state and roads each bore half of the expense of the trial, and the fact that the rates are not to be raised, the state of Alabama really won the case.
 There is one significant fact that is in- congruous. In the fiscal year 1911 the Louisville and Nashville under the 21l cent passenger rate showed an increase of S270.000 in revenue over the fiscal year of 1909, under the 3 cent rate.
 "The chief question at issue in the Ala. bama case is the same as in the cases of Minnesota, Arkansas. Kansas, Oregon West Virginia, Oklahoma and Missouri now being heard before the United States supreme court.
 "If the court decides that a state vio | lates the interstate commerce law In mak ing rates on intrastate business, it mean. | that Alabama and every other state vii | have lost their cases. And if such q yer dict is rendered, it would mean that the railroads would have the right to mak, any kind of rates they want to without regard for anyone or anything.
 If such an opinion is made the in evitable result would be that Congres. would endow the interstate commerc, commission with the power to make rate! for both interstate and intrastate bus mess"