The Birmingham age-herald., 1912-04-12
SMITH TAXES ISSUE WITH MR. SELHE|MER Counsel Writes Statement
 to The Age-Herald ABOUT RATE CASES Denies That He Asserted Before
 Court Decree Was Signed That
 Passenger Rates Would Not Be Advanced

Tn a statement addressed to The Age
 Herald from Mobile Gregory l.. Smith.
 district attorney for the Louisville and
 Nashville railroad. takes issue with H. (. | Selheimer, attorney for the state in the
 Louisville and Nashville rate cases, as to
 whether MT. Smith asserted before the
 recent decree of Judge Jones was signed,
 that the 3 cent passenger fare would not | be reinstated.
 l The statement of MT Smith follows:
 To the Editor of The ge-Herald: According to an interview appearing in your issue of the 9th. Mir. Henry C. Se- heimer quotes me as saying positively that the Louisville and Nashville Railroad
 company would not restore the cent
 passenger rate. or freight rates that have shown an increase in business. While
 this statement is inaccurate, I did not deem it necessary to publish a denial or qualification of it. l am today informed
 that in further interview. Mir. Selheimer states that before the decrees were signed. Judge Jones stated that he did not think the railroads ought to restore the cent passenger rate. and that I arose and stated most positively that they would not do so l have not the interview be- fore me- but this is the substance of 1t. as I recolleet it. l regret to make an
 issue of this kind with a gentlesnan for whom I have the highest regard, but the statement Is not accurate. Sometime be
 fore the cases were decided Judge Jor ! asked me whether the railroads
 restore the 2 cent passenger rate if
 won the cases, and l told him tn a4
 was a matter with which l had taie
 to do. 1 then refrained from
 an opinion upon the subject 3eesssa deemed it improper for me aa.a the cases were finally decided a'
 day that the decrees were signed sn
 tionally waited until they were signe,
 fore saving anything upon the subject. but after they were signed l did say that did not think that the railroads would ever restore the cent passenger rate. In expressing my own opinion as to what the course of the railroads would be IS to the passenger rate, I made no promises for the railroads. l was neither called on or at that time authorized to do so. While the evidence in the cases then just
 finished showed that the 21s cent pa1sen- ger rate was not compensatory, I thought that competitive conditions would prevent any increase in that rate. 1t now seems that l was in error in this. If competi- tive conditions will permit 1t, l know of no other reason why the Louisville and
 Nashville Railroad company, or any other railroad company interested in this litiga- tioA. should continue to charge any rate
 thai. pfter long litigation, mas been de- cided to be eonfiscatory.
 I do not understand the purpose of these statements by Mir. selheimer.
 cannot think that he intends 10 insinuate that the decisions as to the passenger
 rate were the result of any negotiation. agreement or understanding tetween the attorneys of the respective parties. lie
 must of necessity know that such an in-
 situation would be false, and 1 do not believe that he would intentionally create
 a false impression. On the other hand, to insinuate that in rendering the decisions
 in these cases the court was Influenced in
 any respect by any promise or represen- tation on my part or on the part of any other person, as to what course the railroads would follow, if successful,
 would be equally false and Sn insult to the court, and yet if MT. Selhemer does not intend to make either the one or the other of these insnuations. I am at q loss to know the purpose of the interview. He necessarily knows that the decrees in the cases determined the rights of the parties thereto. and that the railroads are not under the slightest obligation either 10 the state, the railroad commits
 sion, or their attorneys, to surrender any portion of the rights which they have successfully asserted through most ex-
 pensive and protracted litigation
 That portion of the interview of April
 [ that relates to the freight rates Is with out foundation. 1 expressed no ofsnion
 as to what the railroads would do as to those rates Had I been called on to ex- press a n opinion as to that, [ would have said that l thought that the old freight rates would be at once restored. 1 know | of no instance where statutory rates have shown an increase in business. The at ! torneys of the defendants in these cases have been quoted as stating that tho stat utory rates had largely increased the business 10 which they applied, but in my
 opinion such statements were without
 any support from the evidence, and are certainly In conflict with the decisions
 rendered in these cases. Yours truly. GREGORY l.. SMITH. | Mobile, April 10, 1912
 Inquiry at the office of H. C Selheimer | yesterday secured the Information that Mir Selhener was in Montgomery con
 cent move of the Louisville and Nashville
 to restore the cent fare SO that 8 further
 statement from him was not available.