The Birmingham age-herald., 1912-01-10
FILE EXCEPTIONS ID
 THOR|NGTON'S VIEW
Weakley Discusses Report
 of Special Master
SUBJECT IN DISPUTE
States Counsel Contends That Freight and Passenger Rates Must Be Considered Separately
 and Not as Unit


 That the state would asssuredly file ex- captions to the report of Special Master Thorington in the Central of Georgia cases to be appealed to Judge Thomas G. Johes, as was the case in the Louis vile and Nashville litigation. was the statement of Judge Samuel. D. Weakley yesterday.
 The announcement from Montgomery that the Central of Geoergia won first blood in the rate litigation instituted under the administration of Governor Conner, aroused intense interest in Birmingham. Judge Thorington held, it is said, that the passenger rates and the freight rates of the Central of Georgia should be con- sldered together with the revenues from those two sources in deciding whether the rates charged were unreasonable.
 On that point, Judge Weakley, who is the states chief counsel in the litigation as to the railroad rates, said the state would differ radically. He said the opinion was maintained that the two propositions should not be considered as one.
 Judge Thorington held in his report and recommendation to Judge Jones that the Central of Georgia was not earning a fair return under the rates instituted by the state.
 When asked for an opinion yesterday as to the situation, Judge Weakley said:
 q have only read the rough digest of the report of Judge Thorington that was given in the newspapers, and I cannot give an accurate opinion as to the decision recommended until I have looked over the official decision 1 will say this much that the state will take exceptions to the recommendations Of the special master. We have 30 days in which to file our exceptions and the railroads have the same amount of time to answer our exception. So you see it will be several weeks before the case is given Judge Jones. ''The report of Judge Thorington ap- parently is similar to the report in the Louisville and Nashville case. to which we filed exceptions and which is now before the presiding judge. One point the special master gives that l know we will seriously dispute. That Is in reference to handling the passen- ger rates and the freight rates in dis pute as one matter. We contend that they should be handled separately and not as a unit"
 
 Conner left the office of governor, have been before the courts for quite a length of time. They involve the rates charged on the Louisville and Nashville railroad the Central of Georgia and the W@-tern of Alabama in this state.
 Judge Thorington and Judge Gunter, two special masters that have been hearing the evidence, have both re- ported favorably to the railroad com panies and against the state enact ments.
 Judge Jores, who granted a temporary injunction against the rates, and which action almost started clash between state and federal authority, has now under consideration the Louisville and Nashville case He will probably>give a decision some time this summer. It was stated yesterday by Judge Weakley that several cases on railroad rates were to have been decided yester- day by the United States supreme court which would have bearing on the local cases. However, on account of the death of Mrs. Day, wife of the associate su- preme court justice, and vacancy on hte bench, no decision was rendered. In or der to get the benefit of the law as laid down in those cases when they are de- cided, it is the opinion of Judge Weakley that it will be several months before the cases are decided by Judge Jones.