The Birmingham age-herald., 1912-04-10
Selheimer Does Not Ur stand It Following c Q
 0ry Smiths Assert
O'NEAL SAYS STATE
 WILL RESIST PLAN
Governor Says in Response to Rumors That Former Governor Comer's Advice Will Be Welcome Dur
 ing the Controversy

The plan of the Louisville and Nashville
 railroad to re-establish the passenger and l freight rates which were in effect prior
 to the administration of Governor Conner
 was made known to Governor oNeal
 yesterday in Birmingham
 1 The information was wired the chief
 executive by the attorney general.
 "The state will resist the action of the railroad" stated the governor. "As soon
 as 1 reach home I will go into a confer
 ence with the attorney general and the 1 special attorneys of the state. We will
 learn what right of appeal the state has
 and that right will be invoked
 "The intention of the railroad is great surprise to me. The state will fight the scheme to the last ditch and will do all I in it's power to prevent the long drawn
 out battle for rate reform from amount 1 Ing to nothing
 The governor was asked if it was true that Governor Conner will be called into l consultation He stated that this would ! be determined today in Montgomery. T would be glad for the advice of Governor Comer," stated Governor O'Neal. There are fewer finer rate experts in the United 1 States"
 Official Announcement Here
 It was officially announced in Bir- mingham. yesterday by the Louisville and Nashville railroad that the 3 cent railroad passenger fare which prevailed
 until Gov B. B. Conner started his rate reforms would be reinstated here eff
 feetive April Is. It was added that the Ioaisviile ard Nashville and Nashville, Chattanooga and St. Louis railroads
 were the only Louisville and Nashville lines named in the official notice re- ceiyed in this city.
 The notice to the local officials was i issued by ". A. Russell, passenger
 traffic manager of the Louisville and Nashville railroad, and simply said that the old rates of cents per mile on the Louisville and Nashville would be re- stored April Is, under authority of the recent decision made by Judge Jones l in the Louisville and Nashville rate cases.
 In reply to a request for an official statement as to the Louisville and Nashville plans regarding the rein statement of the cent passenger fare, William A Russell passenger traffic manager of the Louisville and Nash ville wired last night from Louisville: 1 "Louisvile, Ky, April 9, 1912. l ,The Herald, Birmingham, Ala.
 Passenger fares on divisions in Ala bama in effect prior to the passage of the laws of 1907, with notifications, will be restored April Is, in accordance with notices and tariffs already filed. l w A. RUSSELL, l Passenger Traffic Manager"
 The local officials did not possess l any additional information in connec- l ton with the rates. The notice was sent to the offices of J. V. Arnold, ticket agent here, and not to the pas senger department, as Is generally the 1 rule. Local officials would not make | any statement in connection with the matter or offer any facts in explana- tion of the surprising move on the part of the Louisville and Nashville
 Selheimer Surprised
 1 H. c. Selheimor, counsel for the state I in the Louisville and Nashville cases, em- | plo ed by Governor B. B. Conner, and subsequently by Governor Emmet o'Neal, when informed yesterday that the Louis vile and Nashville would restore the rates expressed his very great amazement. He endeasored to believe that the report was erroneous. but when convinced that the management intended to restore tho l rates he said:
 V T am indeed very much surprised that the Louisville and Nashville intends to restore the rates My surprise is made greater by the fact that Gregory L.
 Smith, counsel for the Louisville and
 Nashville, made a statement in open court hefore Judge Jones rendered his decree to the effect that the 3-cent pas. | faf. xn-a4 ,fr
 cumstances be restored. The manage ment's announcement is something that cannot reconcile with the statement of Mir. smith Prior to the rendition of the recent decree in the rate cases by Judge Jones in which he sustained the finding | of the master the court intimated that the passenger rates should not be changed I Mr. Smith immediately arose and in the nresence of the court made the state | meut that I accredit to him. have noth- i ing further to say at this time in connec- ] ticn with tho matter"
 It was stated that Judge Samuel Weak l ley and MT. Selheimer. counsel for the 1 state in the rate cases, would go to Mont | comery today to confer with the governor and the attorney general in reference to
 the new Louisville and Nashville move l Smith III in Mobile
 Mobile. April Special. )--Gregory l.. Smith. counsel for the Louisville and
 Nashville railroad, Is seriously i'll at | his home here and could not be reached I tonight for a statement regarding the assertion of H. c. Selheimer Of Bur 1 mingham that MT. Smith had assured
 Judge Thomas G. Jones that his road had no intention of advancing the pas senger rates in Alabama.
 ..- Il FAT CAUSES DEATH |
 Boston. April 9.-The abnormal weight of