The Birmingham age-herald., 1913-07-25
Regard Decree as Most I'M
portant Since Rate Litiga-
tion in the State Began
HENDERSON TALKS
ON DAYS OUTCOME
>McCord Is Also Pleased and Both
Think II Should Settle Right
of the Commission to
Handle Question

Montgomery, July 24.-(Special)
Today's decision by Judge ID. u. Shelby
and Judge w. /. Grubb of the federal
court, which In effect re-establishes the
IA cent passenger rates on the Louis
Vile and Nashville railroad in Ala
bama is regarded in official circles as
the most signal victory yet achieved
In the rate controversy. Officials to-
night are elated over the outcome.
Today's decree removes the temper
AIRY injunction which has been in force
to prevent the carrying. out of the rail
road commissions orders for the "a
cent rates.
Issued Order Last Spring
The railroad commission issued its
order late in the spring requiring the
railroad company to establish 21a
cent passenger rate ON its line in Ala
fective the railroad company secured
a temporary restraining order against
the decree of the commission holding
UP the enforcement of the order until
three federal judges might pass upon
the case.
At the time the temporary restrain
ing order was issued. the railroad com
pany made bond in the sum OF $685.
600 to refund the difference in the pas
senger rate between and ~ cents
in the event the case should be de-
cidcd in favor of the commission 1t
is expected that the decision of Judges
Shelby and Gfubb viii have an i'm
portant bearing upon the, decision of
he rail a -
of the Western Railway of Alabama
and the Central of Georgia, arguments
in both of which cases have already
been heard.
The case between the railroad com
mission ana the Louisville and Nash
vile Railroad company began nearly
one year ago. Whether or not the rail-
road company will take the case to the
court of appeals at New Orleans Is not
yet known here, though it is UNDER
stood that the plaintiff Will appeal from
the present decision.
President Henderson Comments
Charles Henderson, president of the
state railroad commission, was much
pleased over the decision of the federal
court in the rate case. Mir. Henderson
was seen by The Age-H Herald representa-
tive just before leaving for his home in
Troy.
II have not seen the opinion of The fed
erai Judges, but / understand that the
contention of the commission was upheld .
he said 'rhe decision of the federal
judges is a vindication of the views that
have previously expressed to the effect
that the railroad commission should han-
die questions dealing with the equity of
railroad rates. The advantage of the rail-
road commission method over the legls-
iative enactment method is plainly seen
in the results thus far accomplished"
Mr.. Henderson reviewed the Louisville
anda Nashville case from the time the
first citation was issued down to the de-
eision of the federal court
I'VE were hampered for a time in free-
ing ourselves of the contempt proceeding
which sprang from the enjoining of the
legislative rates. Despite this we aceom-
pnshed in a few months what the legisla-
ture could not accomplish after many
months of litigation.
We have been sustained by the federal
court in our views and / am deeply graf
lhed at the decision which has just been
handed down. concluded Mr.. Henderson,
McCord Similarly Pleased
Practically similar opinion to that of
Mr.. Henderson was expressed by Leon
McCord, associate member of the railroad
SohhiillsSloH. MI hcNUlu Sdlut am
gratified by the decision of the three fed
eral judges who have dissolved the in
junction against the railroad commission
The passenger fare ON the Louisville and
Nashville railway will be 214 cents, ef-
fective August L. This has been a long
drawn out, tedious hearing, having taken
three and one-half months. and its con-
sumation should be a source of relief to
every citizen of Alabama.
1T is not time to seek to persecute
the corporations of Alabama. but the COM
mission was of the opinion that a Pig
cent passenger fare was and is reasonable
and equitable, and this decision, coming
at this time, uphoding the opinion of the
commission, is source of much gratif-
cation.
I'VE have toied without ceasing to
bring about uniform and equitable pas
senger rate in Alabama. and for the three
and one-half months through which this
trial proceeded we were without counsel
from any attorney. and whatever of sue
cess we have accomplished should be an
answer to any criticism which has been
offered. Our courts of last resort having
by decision placed within the state rail-
road commission the power to regulate
railroads intrastate rates, the time has
come when railroad batting should cease,
and the railroad commissioners should
strive and seek to do their full and whole
duty with an end in view Of Justice to
the people, justice TO the common ear
riers' /"