The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1913-08-08
PASSENGER RATE Be
HEARD AUGUST II
BY COMMISSIONERS
REPRESENTATIVES, OF ROADS
WILL APPEAR BEFORE THAT
BODY.
WANT TO ISSUE COUPONS
Request Postponement of Action
In Connection With the Recent De-
cision by the Alabama Supreme
Court in an Agreed Suit.

NAOI1 lIlIE3. CitA., aug. $40
ton upon the matter OF the 2h-cent
passenger rate for Tennessee rail-
roads following the recent decision
in the federal court in Alabama was
deferred by tho Tennessee railroad
commission yesterday until Aug. IL,
when furthsr hearing will be CIV
en- the railroads in regard to the mat
ter.
At the hea lug of the case by the
state railroad commission yesterday
representatives of the Louisville &
Nashville Railroad and Nashville,
Chattanooga l. st. Louis Railway ap-
peared before the commission. ". A.
Colston, representing the Louisville
& Nashville II. Co., Judge John
Bell Keeble. also representing that
company; w. \. Russell, general traf-
fic manager, representing the traffic
department OF the same road, and
Judge Claude Waller, representing
the N, C. & S.. L. Railway, appeared
before tho commission and presc nted
a statement u the conditions of the
litigation betuf on the railroads and
the railroad commission of Alabama,
pending in the federal courts OF that
state.
At the conclusion of the state
ments made, judges Waller and Kee-
bic, speaking for the Louisville &
Nashville Rail- pad Company and the
N. C. & st. L. Railway, proposed that
the railroad companies issue COUPONS
under the new passenger rate case
in Alabama, recently decided ad-
versely to the railroads, redeemable
upon the final disposition Of that
case, in the event the state of Ala
bama should win the case. They
stated that the case pending before
Judge Jones, which was decided in
favor Of the railroads, was not in any
way affected ly the recent decision
in the new case instituted by the AL
ALBANIA railroad commission; that the
first order which was enjoined by
Judge Jones involved the statutory
rates fixed ty the Alabama lesisla-
ture in 1907. both passenger and
freight, and tina; the new case recent
,ly decided only affected the passen-
ger rates in the light Of conditions
in 1928. Trey stated that the
state OF Alabama had not appealed
from Judge Jones decision, but II
that case should be appealed, and
won in the supreme court Of the
United States, II would carry with it
redemption Of The coupons issued un-
der the order Of Judge Jones, and
also the cou osns issued under the
agreement with the Tennessee rail-
road commission, and that II the case
were not appealed, or If 1t should be
appealed and be lost by the state OF
Alabama, both the coupons Issued in
Alabama under Judge Jones' order
and the coupons issued in Te;ines-
see under the agreement with the
railroads, would be void. They said
that the two cases were entirely dis
tinct and indie .endant of each other,
each depending upon the facts deyel-
oped in the case; that passenger
rate reasonall, in 1918 might not
have been rees,nabie in 1907-0S.
They stated that Judge Jones spe-
officially eniopeo the ca-cent passen-
ger rate, and that the federal judges
who decided he new case, held that
If the railroad commission were at,
tempting now. ny this second case,
to enforce The 2h-cent passenge.
rate, TIL: t they would be in contempt
of court, but hey held that the rail
road commission was not in ccnsemIt
of court in p-),eeding in this new
case t. order The rate to be reduced |
to 21a cents II they are proceeding
under their general powers, and not
under the provision of the Alabama !
statutes, fixing rates.
Judges Wafer and Keeble agreed !
to Communicate with the Illinois Gen.
trail an. the yazoo & Mississippi. Val
ley railroads and ascertain what !
would be the attitude of those two
roads n regard 70 the 2h-cent pas
senger rate, and the proposed issu-
ance oi coupons to be based upon the
decision Of ttS new Alabama case.
The railroads requested that the
commission defer action until Tues
day, Aug IL. and on that date give
the railroads a further hearing in re-
gard to the matter. The proposition
stated was that action be deferred
until Aug. IL when the question would
be presented It tho acceptance of the