The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-06-24

-Four years ago as the result of pop
ular agitation against the railroads,
which existed in the south and west, the
legislature of Alabama made sweeping
reductions in the freight and passenger
rates of the railroads in that state.
These reductions meant to the Central
of Georgia Railway company an approx
innate annual loss in passenger revenue
of $4,000 and in freight revenue of $4,000.
The management of this company, after
having exhausted all other means, re-
iuctantly appealed to the courts. II is
manifest that controversy of this kind
cannot be settled on the hastings. No
lawyer in Alabama will deny that Jul
r1icial forum is the appropriate place to
decide such a case, and the federal court
had complete jurisdiction
Judge Jones granted a temporary in
junction. which was reversed by the court
of appeals on the sole ground that the
railroads should put the rates into eff
feet in order to make an actual test of
them. In obedience to the mandate of
the court, the railway company put the
reduced rates into effect on June l, 1909,
and they have been in effect until now, a
period of three years.
The case was referred to Honorable
w. S. Harrington as special master to
take evidence and report his conclusions
Of fact and law to the court He began
taking evidence on March 8, 1910, and
concluded the same on December %, 1910.
rhe evidence covers more than 5000 pages,
besides numerous exhibits. Elaborate
briefs were filed before the master by
both sides, and after a careful consid-
Grafton of the case, he filed his report
in lanunrv, 1912. sustaining all of the
substantial contentious of the railway
company On May 30, 1912, Judge Jones
passed his final decree in the case, which
.,.I.r Cd ha pnnC1nGinnG which
had been reached by the master.
This company has spent more than
10000 In the prosecution of the case, and
we believe that 1t has cost the state
equally as much to contest It, We en-
tered upon the litigation In good faith
believing that our property was imperiled,
and the result of the litigation has
strengthened and confirmed this belief.
The master found that, when considered
from the most favorable view for the
state. the strictly state business of the
railway company did not yield as much
as 2 per cent interest on the value OF
the property so used
The papers and books of account OF
the railway company have been thrown
open to the state from the very incep-
ton of the litigation Even before It
began the railway compan.- offered to
pay the expenses of experts to examine
its books and accounts TO prove to the
officials of~the state that its statements
were correct and that 1t could not af-
ford to stand a reduction in any of its
rates. The state did not avail itself of
this offer
The substantial facts in the case can
not be challenged. 1t. therefore, seems
to us that the opinion of Judge Thor
ington. an able judge and conscientious
man. who reached his decision after long,
careful and intelligent consideration,
should be acquiesced in. at least until 1t
is set aside by some competent tri-
bunal.
We keenly appreciate the fact that any
increase in rates Is distasteful to our pat
rons and we would not make any In
creases If we were not convinced that
the necessities of our situation demanded
them and that our duty to the property
committed to our charge obliged us TO
do SO.
We would stultify ourselves now IL,
after four years of contention and the
expenditure of a large sum of money,
we did not restore the rates to the basis
which was in effect when the litigation
began, a basis which has already been
shown to be too low to yield modest
return upon the property.
We have accordingly notified the rail-
road commission that We would restore
the rates on June 20, but we have stated
that if any of the freight rates bear