The Birmingham age-herald., 1913-07-25

Der of intrastate and interstate passep.
gers were counted and the number of in.
trastate and interstate passenger-niles
aseertained and the train cost of each cal
culated. The train cost during this week
OF an intrastate passenger-mile was 5eS
inills and the train cost of an interstate
passenger-mile was 315 mills: and the RAJ tio
was thus fixed that the train cost of On
lntrastate passenger mile was. for that
week, 1S0.3l7 per cent of the train cost OF
an interstate passenger-mile. The plain
uit subsequent calculations and esti-
mates proceed upon the hypothesis that
the same ratio exists with respect to the
traln cost in the total intrastate and in
terstate Passenger for each of the
entire fiscal years involved in the inves-
tigation. The effect of this method was
to burden intrastate traffic with approx
mately 20 per cent of the entire cost of
operation.
carried Passengers at Loss
''The contention is that the plaintiff. at
the rate in question, carried passengers at
great loss. IL that be true, under the
rule which shows such loss, what rate per
mile for carrying a passenger would the
carrier have to charge in order to earn 8
per cent on that part of it's investment de-
voted to intrastate service?
THE decision of this case should not be
boiti Oilcd Dy dTli1Clal rules ana formulas,
but there should be "a reasona BILE judg-
ment having its basis in a proper consid-
Grafton of all relevant facts" There are
several facts shown by the record which,
while not controlling, are worthy of mem
ton. There are a number of railroads be-
sides the plaintiffs in operation in Ala
bama, and it appears that % per cent of
the mileage In Alabama, including all Of
the railroads in the state, have had for
oil oct five
the last five years and now have a regu-
and that they issue a penny scrip book
and that passengers who use it pay only
cents a mile
And the plaintiff sells a peny scrip
And the plaintiff sells a penny scrip
using which passengers pay only 24O cents
a mile. 1t is true that to obtain the lower
rate the purchaser must pay $40 in ad-
vance The fact that such low rates are
given by the plaintiff on the conditions
prescribed would not make valid the rates
fixed by the commission if they We're, in
fact, confiscatory. But it is difficult to
believe that the plaintiff would make
these contracts of carriage at less than
21s cents a mile If in fact a rate of 25k
cents mile were confiscatory.
"The record shows that the country
is richer and more prosperous along
the lines of the plaintiffs road than in
other parts of the state. And yet the
other roads have maintained the rates
that are here contested for the last
i've years. 1T is true that some of
these roads at first resisted the en-
forcement of these rates. The present
conditions being the same, or at least
not unfavorable to the plaintiff 1t
would seem not unfair so far as the
plaintiff is concerned, to make the rates
uniform.
"The record shows that passenger
rates like those fixed by the order
were in force on the plaintiffs road
under decision of the United States
circuit court of appeals. in railroad
commission of Alabama VS.. Central of
Georgia Railway company, 170 Fed.
225. from June l, 1909 to April II, 1912.
and that during the period of the en-
forcement of the lower rate there was
a great increase in the number of in
trastate passengers and in the num-
Der of intrastate passenger miles
Tables of figures are presented showing g
a great yearly increase apparently un-
der the stimulus of the lower rate
The increase, 1t Is contended by the
plaintiff, was caused by interstate pas
sengers buying tickets at the lower
rate when they would reach the state
line, but the evidence to that effect
is not convincing. The record shows
that intrastate travel was greatly stim-
ulated by the lower rates and that the
carrier, by the reduction, cannot be said
to have lost the entire difference be-
tween the higher and lower price of
the increased number of tickets sold
The increase of intrastate passengers
and intrastate passenger miles in
creased the receipts of the carrier