The Birmingham age-herald., 1912-07-14
PRESIDENT SMITH MAKES ANSWER ID
 RECENT ATTACKS Defends l.. & N. Course in Rate Matters in
 Alabama
MEASUREMENTS OF
 ROADS OPPONENTS
Goes Into Detail to Show the Lines Profits and Comparison of the Rates in Alabama and
 Georgia

A formal statement was issued yester- day by Milton H. Smith, president of the Louisville and Nashville railroad, regard ing some attacks which have been made upon the Louisville and Nashville in Ala bama. MT. Smith says:
 Former Governor Conner and number of wholesale mrchants of Birmingham have recently inaugurated political movement against the Louisville and Nashville Railroad company with view to coercing it into a surrender of its rights fairly determined in a court of justice. Ex parte statements have been made, wholly unwarranted by the facts, the ten dency of which is to arouse unjust preju- dice in the minds of the people. This company feels 1t a duty to the public, to it's patrons and to itself, to make reply to some of those statements. At the outset, it declares that 1t has no personal issue with Governor Conner or the wholesale merchants who have combined against it, and least of all, with | the people of Alabama.
 This company recognizes the full right of every individual to his own opinion, but 1t insists that it has the right to be heard in its own behalf, not only be- | fore the people themselves, but also in the courts of the land, which were or ganized for the purpose of protecting every person in his life, liberty and prop l erty.
 | This company has faith in the just .in- | tentions of the majority of the people, and it also has faith in their wisdom | Il Iot,. 1 ,ad aft a | full consideration of all the testimony. It does not believe that law suit, however, can be fairly tried on the political hust- 1 ings, nor does it believe that any set of politicians. however personally honest and capable. should have the absolute right to dispose of the property of other | people without their consent, and without an opportunity to be heard according to the orderly procedure of a court of jus tice.
 This company does not impugn the good faith, or the honesty of the representa- lives of the people when it declares that | 1t is unwilling to have its rights deter mined in ex parte political proceedings and it believes that if the politicians Of | the state, and the wholesale and retail
  the right to determine for themselves, without consultation with this company, what this company should charge for the use of its own property in which neither 1 the politicians nor the wholesalers nor the retailers have dollar of invested capital, it would be wholly unwise and prejudicial to the best interest of the public to permit them to exercise such power-and this for the reason that all history demonstrates that abitrary power, no matter in whom vested, will sooner or later be used for selfish and personal ends, and that such power, either in monarchy, or in re- public has always been destructive of civil liberty and the public welfare. Believing that it Is due to the people that their conclusions should not be based upon information derived solely from those having personal ends to serve, this company takes this opportunity to re- state certain facts, which are not capable of disproof which have never been de- nied or controverted in any forum where both sides have had an opportunity to be heard. but which have been misrepre- sented in proceedings purely political, be- gun and instituted by those who were either seeking office, or seeking the right to dictate charges and schedules which would give themselves an illegtnmate advantage over their own competitors
 The Truth About Georgia Rates
 To begin at the beginning, it has been over and over again falsely asserted that this company is charging it's patrons in Alabama much less than it Is charging it's patrons in Georgia. The untruthfulness of this assertion has been so completely demonstrated that now refuge has been taken in the spacious pretext that because on some articles on the Atlants and West Point line from Atlanta to West Point. Ga md tba md Atlantic from Atlanta, Ga, to Chattanooga, Tenn, some rates are lower than on the Louisville and Nashville system in Alabama, there fore this company is guilty of a gross injustice in not reducing it's rates to cor respond. No regard is paid to the fact that on it's own lines in the state of Geor- gia. this company is allowed by statute much higher rates than it charges in Ala bama. No allowance is made ss- the fact that the average of allsrates volun- tarily charged by this company in, this state are lower than the average of all statutory rates on all roads in the state of Georgia. But the whole case is at tempted to be supported by comparison with two or three short lines. where the density of traffic is nearly twice as great as it is on the Louisville and Nashville lines in this state, and where operating conditions are better.
 Neither the Atlanta and West Point railroad nor the Western and Atlantic railroad operates any branch lines. They operate through lines. or, rather, sec tions of through lines, which have an i'm mense volume of through business of highly profitable character. It is possi- be to operate them both far more economically than it Is possible to operate the Louisville and Nashville lines in Ala bama, and the average returns per mile both gross and net. are far greater. This Is demonstrated by the following official statement:
 STATEMENT 1909.
 l.. & N. and s. & N. A., gross earnings per mile of line, 9249,S4; net earnings per mile of line. s2,731.12.
 A. & ". P. gross earnings per mile of line, s10,3765I; net earnings per mile of line, s2,213s0.
 w & A. gross earnings per mile of line s20. 403. 46; net earnings per mile of line s5,1l3.12
 STATEMENT 1910.
 l.. & N. and s. & N. A. gross etrnings per mile of line. s10.345.24 net earnings per mile of line, $3,l16o9.
 A. & w r. gross earnings ger mile of line. $11.723 .21 net earnings per mile of line s3.34o.e7.
 w A gross earnings per mile of line. g, 223. 4s
 STATEMENT 1911.
 L.. & N. and $. & N A. gross earnings per mile of line. s10 FPS .s9; net earnings per mile of line s2, ,S25. n.
 A. X w. P. gross earnings per mile of line. 12.9a2.91 net earnings per mile of