The Birmingham age-herald., 1912-05-12
JUDGE JONES GRANTS RAILROADS REQUEST Seven Railroads Have Cases Against State Withdrawn SIGNIFICANT ACTION Roads Agree Suits May Be Entered for Recovery of Excess in Rates
 During Time They Retain Old
 Rates After Enactments
SIGNIFICANT ACTION

Montgomery, May 11.-(SpeciaL) L)-Since the entering of Federal Judge Thomas C.. Jones' decree in the United States district court here dismissing from the docket the cases of the non-eontestlng railroads of the state, in reference to the legislative rate enactments. speculation has been rife as to the probable effect of this action upon the Louisville and Nashville and sub sidiary lines.
 A concrete exposition of the railroad rate situation in Alabama might now be put as follows:
 By unanimous consent six or seven of the leading railroads of the state have consented to the PIE cents passenger rate and the reduced freight rates. enacted by the legislature of 1907. These roads have withdrawn their contest. against the state, have surrendered their bond with which they secured the federal injunction, and have agreed that any person may enter suit against them for the recovery of the excess in freight and passenger rates dur ing the six months they retained the old rates after the legislative enactments.
 The only fight which the state has Is against the Louisville and Nashville and subsidiary lines, the Western of Alabama and the Central of Georgia.
 Will the l.. & N. Be Whipped? Opinion largely prevails in official cir cles in Montgomery and elsewhere in the state that the contesting lines will be whipped into submission as much through the action of the other lines as through the aggressive policy inaugurated by the state. The situation has now devolved itself into a contest, according to the opinion of many in which the recalcitrant lines have arraigned against them not only public sentiment, but two-thirds of the other railroads of the state.
 The on-contesting lines of the state are the Atlantic Coast Line, the Mobile and Ohio, the Southern, the Seaboard Air Line, the Alabama Great Southern, the Frisco, the Atlanta and Birmingham Air Line and other railroads. Leading counsel for these roads appeared before Judge Thomas G. Jones on Friday afternon of this week and asked that a decree be entered dismiss ing their cases from the federal docket.
 Judge Jones copsented to their request and entered the decree. By the terms of this decree, however, the roads agreed that any person in the state might bring suit against them for the excess in freight ana passenger charges during the five or six months they retained the old rates in operation after the legislative enactments reducing these rates, and surrendered their bond, which assured them protection under the federal injunction against all litigation on the rate question.
 Significant Action
 : This action is considered significant. By the withdrawal of their cases from the federal docket, their ready submission to the terms of Judge Jones decree, and their expression of approval in reference to the states rate legislation, the non- contesting railroads have in a measure surrendered to popular sentiment and ar raigned themselves against the roads still retaining the old rates.
 Whether or not this action on the part contesting lines will whip the other roads into submission is a question that many are asking, and the opinion has been freely expressed that this will be the ulti- mate result. So long as there was semblance of a contest on the part of the other lines, it is urged, the contesting lines did not feel that they were alto- gether alone in their fight. The with drawal of these lines throws a new light on the situation-makes more of a one sided contest-and the opinion largely pre- vails that the contesting roads will short ly be whipped into submission, and will restore the old rates, much of their own volition, as on account of the ag- them