The Birmingham age-herald., 1912-05-28

statutes. although the operation of the rates had then been enjoined, and the statutes themselves had been suspended | in the very mode invited In the states | own statutes, on a contest of rates. See facts stated in Louisville and Nashville
 Railroad company vs. Railroad commis- 1. sion. 167 Fed. 944. It was announced that | a special session of the legislature woua
 be called to meet November 9. 1907, to deal | with the cases of the railroads which in sisted on remaining in the federal court | Before the legislature met, although the | statutes then in existence prevented any | Increase in rates by the commission, an | agreement was entered into by the gov
 ernor and the Southern Railway company. l the Alabama Great Southern and the Mo- bile and Ohio railroad, in substance that | the roads named should have the right | and authority to maintain maximum | passenger rate of 2Sc per mile, and that l if any one of said companies should thereafter voluntarily or as the result Of | litigation put into effect in Virginia. | North Carolina. South Carolina or Geor-
 sia, maximum passenger rate of less | than 2s4c per mile. such company put
 ting in such less rate, should put the | same into effect in Alabama, except | that in no event should q less maximum | rate than 2lsc per n1f@e be put into effect. | It was also, among other things, agreed | that on and after the 1st day of Decem- | ber 1907, the said railroad companies should have the right to charge and col | feet from points on their respective lines | In Alabama on the commodities named | in the 1i0 commodities act the same rates l per mile as the said companies were authoriZed to charge and collect from | points to points on their said lines in | Georgia, etc; that said companies should apply to this court for the dissolution of the injunctions in the pending causes, | and that there should be no liability upon any of them growing out of the injune- ton bonds which they had given in the | litigation; also that no right or interest of the railroad companies named in the agreement should be affected adversely, in respect to the rates and matters cov- cred by the agreement, by any legislation to be enacted at any special session of he legislature held prior to the then next regular session, and that the governor and the railroad commission should do all things necessary to protect the com | panies named in the agreement in respect | of the matters and things therein.
 | When the legislature convened in spe- | cial session 1t passed the eight group | acts. and a net work of statutes intended | to evade the operation of the constitution
 
 own officials to enforce its own laws | and other devices, with the avoweo | purpose of defeating any effective exc ] cution of the orders of the court, and | to drive out of it. without a trial on the | merits. such of the complainants as were unwilling to accept the terms offered the | other roads. These acts were declared unconstitutional in Central of Georgia vs
 railroad commission. 161 federal 965. and | their invalidity set at rest by the decis- | ion of the supreme court in ex paite | Young, supra.
 l FURTHER NEGOTIATIONS WITH 1 OTHER RAILROADS GIVING THEM | INCREASED RATES.
 | On November IS, 1907. the governor en-
 tered into an agreement with the Seaboard
 Air Line railway and the Atlanta and
 Birmingham Air Line railroad. which was | similar to the agreement made with the Southern railway. in which there was a provision that the two roads first named
 should be put in and maintained in at
 least as favorable class as the South
 ern railway, and should have the right | to charge at least the same rates on all
 freight in the state as the Southern Rail-
 way company should have the right to | charge, and that the railroad commis- 1 sion of Alabama should so provide by ap- propriate orders and regulations. On No | vomber 21 1907. the railroad commission | of Alabama authorized the Southern Rail- way. the Alabama Great Southern, the Mobile and Ohio, the Seaboard Air Line, | the Atlantic Coast Line and the St Louis | and San Francisco railroad to charge a
 maximum rate of 2s cents per mile. This | order fecited that the injunctions ob- | taned by these railroad companies had
 been withdrawn and that representations
 had been made by the railroads that the
 passenger rate of 21z cents per mile. put
 in by them was too low.
 | STILL FURTHER TRADES AS TO 1 RATES
 | C-l November 25 1907. the railroad com mission entered an order in which 1t was provided that the Southern railway, the l Northern Alabama railroad. the Mobile and Oho the Seaboard Air Line rail- way and the Atlanta and Birmingham
 Air Line railroad should. on December | 1, 1907. put into effect the rates on freight on certain commodities as set out in the | Southern railways Alabama local tariff 5-B and that the rule and instructions specified in said tariff should be the rules and instructions on said lines This order | followed the adjournment of the special session of the legislature. at which the eight group act had been passed. and which authorized the commission to re- duce the rates and change the classifica- | tion On December :. 1908. the Mobile, | order of the railroad commission placed l in the fourth class. with the understand
 ing that the rates applicable to the fourth class roads should apply on all articles set out in the Southern railway tariff, | known as local tariff 5-B. The St. Louis
 and san Francisco was on April r., 1908. l by order of the railroad commission l changed from the first class under the | eight group acts to class 2. which order recited 1t was in ratification of a certain agreement made between the governor 1 and the Southern railway. On Decem- ber B. 1907, the governor entered into an | agreement with the Atlantic Coast Line | railway similar to said agreement with | the Southern railway. the eight group | acts being in effect at the time the agree | mcnt with the Atlantic Coast Line was made. Under both the commodity act | and the eight group acts, the Atlantic Coast Line had been assigned to Class 1. I py one of the provisions in said agree
 --ert with the Atlantic Coast Line Rail- way company, said road was to be changed from Class to Class 3 by which reclassification said railroad was permit | ted 10 charge 20 per cent in Class 3. in- | stead of per cent in Class l, in addition I o tho standard rates.
 | EVERY RAILROAD WHICH ABAN- | DONED ITS CONTESTS HAD ITS !. RATES INCREASED. WHILE THOSE | = Mt+>-'~ .rNED THEIR CON l TESTS WERE DIscRIMINATED l ST Hf U ,NFiNfNG THEM TO | | LEGISLATIVE RATES.
 | From this resume 1t will appear that while the no commodities act was sub l feet 10 attack on the question of classi- | fcation. 1t did aot contain the striking