The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-03-19
ILLINOIS CENTRAL AND Y. G. M. v.
FAILED TO OBEY MANDATE
AND PRODUCE BOOKS.
WILL GO TO SUPREME COURT
Judge Mayes Representing Railroads
Offers Bill of Exception When Pro-
test is Disallowed-No Decision
Reached in N. O., M. G. c. Matter.
Special to The Nea1S.

SpSCtut W IHo NtWSs
Jackson, Miss, March 19.-The
Railroad Commission, just before ad-
journing at a late hour yesterday af-
ternoon, issued an order imposing
fines of $500 each against the Illinois
Central and the Yazoo & Mississippi
Valley railroads because of the failure
commission to submit certain books,
paper and records bearing on petro-
leum shipments to the body at it's |
meeting yesterday.
Judge Robert Mayes, representing
the railroads, first issued a protest on
behalf of the roads against such an
order, in which it was claimed it was
impossible for the road to comply and
alleging that to do SO, even it was
practicable or possible, would subject
the system to indictments for violat-
ing a federal statute forbidding them
from giving out private records.
Assistant Attorney General Geo. H.
Ethridge argued for the attorney gen.
eral office, and as attorney for the
commission, that the commission had
full power to demand the books and
papers in question, and contended that
the federal statute was not intended
to apply where court sought informa-
ton that was essential to determine
matters of vital interests of the state,
and that would determine what pro-
cedure was necessary to compel a cor
poration to abide by certain rules and
regulations, and to ascertain if there
had been any violations of law.
Judge Mayes, after his protest was
disallowed and the fines had been i'm
posed offered a bill of exceptions
which means the matter finally will
be determined by the supreme court.
The A. & V. railroads representative
submitted an agreement on behalf of
that road that it would gladly give a
representative of the commission ac-
cess to all of their books in their va
This whole matter concerns the in
tentions of the commission to probe
into the petroleum rate question in
Mississippi as it has been claimed by
the states legal department that GER
tain large oil companies were being
given preferred rates while smaller
companies had been Disseminated
against. Questions OF rebating also
enter, it is said, inter the matter.
N o., M. & C. Matter 10 Argued.
After listening to arguments of at
torneys representing the New Orleans
Mobile & Ohio Railroad company yes
terday afternoon as to why the com
mission would do the road an injustice
II 1t issued an order condemning the
road because of bad tracks and pool
service, the Railroad Commission de
eided to again take the matter III
some time during today.
Attorney for the road declared tha
the officials of the system were doing
everything possible to put the roadbet
in good shape, had spent hundreds o
thousands of dollars in trying to i'm
prove it, that under. weather condi
tions strenuous efforts, as far as linn
tied means would allow, were beinl
made to make all necessary repairs
They disclaimed any intention. on th'
part of the road to conform to an,
dillydallying policy, saying it was t.
the roads best interest to put it il
good condition from one end to tn
other.
The attorneys, when asked If tn
Friseo and L. & N. did not own larg
block of stock in the road, stated tha
they believed they owned less tha
one-third, and that neither had put an
money in to help it out in its presen
difficulties.
The attorneys contepded that an O
der condemning the road would il
lure it's business and credit. and woul
place an obstacle in ite way when
tried to negotiate lo3ns in money cer
ters. Also that such an order woui