The Birmingham age-herald., 1912-04-04

of the railroads, inasmuch as these rail- roads are now doing a heavier passenger business than prior to the operation of the old passenger rate of 8 cents, and in- asmuch as the majority of the business men of the state would vigorously pro- test if the old freight rates were put back into effect
 So far as can be learned none of the railroads has indicated it's intentions in the matter, though it is declared that the Louisville and Nashville has announced, unofficially, that 1t will not change the present passenger rate. It is probable that the other roads concerned in the de- cree will adopt the same course Regard ing the freight rates, however, there is some difference of opinion. It is claimed by some that practically all of the freight rates will be changed,in conformance with Judge Jones' decree, while others maln- tain that only few of these rates will be changed. The latter seems to be the popular opinion.
 Judge Jones holds in his decree that the rate acts passed by the legislature of 1907 are invalid and unconstitutional because of their confscatory nature, in that they deprive the defendant roads of property without due process of law, and second, because they deny to the contest ing roads access to the court. the equal protection of the law, enabling state of ficials to classify roads so that gross dis crimination in rates was authorized.
 Judge Jones has not yet issued any decree in the cases brought by the West ern Railway of Alabama and the Central of Georgia. These cases were investigated by Special Master w. S. Thorington who some months ago submitted to Judge Jones his report. The report of Judge Thorington was practically the same as that of Special Master w. A. Gunter in the cases of the Louisville and Nashville the South and North, and the Nashville, Chattanooga and St. Louis. It is antici- pated that Judge Jones will issue a sim- liar decree in the cases investigated by Judge Thorington.
 State officials have given considerable discussion to the matter since the filing of the decree in the rate cases and they are awaiting the action of the railroads. None of them would talk for publication, though the opinion largely prevailed that the celebrated cases were at an end-that the railroads would not change the pas senger rate, and that changes in the freight rates, if any, would be merely of an isolated nature, such as would not effect to any great extent the business in- terests of the state.
 Others not in public life expressed the opinion that if the state is compelled to resort to the supreme court for final de- cision in the cases such action would doubtless have considerable influence on the political situation three years hence, in the election for governor, suggesting that ex-Gov. B. B. Conner might be again forced into the limelight The celebrated acts regulating passenger and freight rates were passed at the instance of Gov ernor Conner. and there are many who believe that If the question of rates should again become an issue in the state he would again spring into political prom thence. In the meantime the action of the railroads Is awaited with consider able interest, with the question uppermost in everyone's mind, What will be the finale?