The Birmingham age-herald., 1914-03-09
Says Railroad Commission Followed Precedent in
 Settling Controversy
RAILROADS YIELDED
 IN HOPES OF PEACE
Want to Continue Business Without Constant Nagging and Abuse. Gives History of the
 Rate War

sydney ]. Bowie. iu statement issued last night. declared that the contention tbat the railroads had lost their cases in regard to the rate controversy is un- true.
 He declared. furthermore, that in the re- cent settlement between the railroads and the state railroad commission, the com mission had followed a precedent-that in which the cases of the Southern rail- way and other lines were settled by the state.
 His statement follows:
 There seems to be so much misunder- standing as to the status of the recent rate cases in this state and so much feeling has been unnecessarily injected into it, that l take pleasure in comply ing with The Age-Heralds request to make statement showing the facts just as they are. I will add that l have never been connected with the Louisville and ! Nashville railroad in any way since l came to Birmingham il, 1906, except as : special counsel in these rate cases and that l am in no way connected with them now. Personally, l do not consider this fact to be material, but 1 believe. in order that the whole matter may be made clear to the public, l should state it.
 L. X N. Not Defeated
 Tt is not true, as some have mistak- enly assumed, that the Louisville and Nashville Railroad company was defeat ed in the rate litigation. The fact is, as the record will clearly show the contest originally arose over the 21R-cent passen- ger rate and over what is known as the l10 commodity act, an act which related 10 freight. The cases involving this con troversy were tried on their merits and determined in favor of the railroad com pany by decree April 2, 1912 This de- cree was entered on the merits after full and exhaustive consideration of the case by the special master ". A. Gunter. covering nearly two years of time. Colo nel Gunter, in the Louisville and Nash Vile case, and Judge S'horington, in the Central of Georgia and Western of Ala hama cases, reached identically the same conclusions on the evidence and decrees were entered in all the cases in favor of the compliments. Without appealing those cases. the railroad commission of Alabama subsequently, undertook to se- cure a reduction of the passenger rate and issued an order in effect that the standard rate should be 21a cents per mile This order the railroad company contested. On an application for tenn porary injunction in the Louisville and Nashville case before Judges Pardee. 4 Shelby and Gruhh two of the judges heId7 that case for temporary injunction had not been made out while one of them held that it had been made out The only effect of this nearing was to deny the application for a temporary in- junction pending the suit. The case was not tried on its merits Ii Is well known that applications for temporary injunc- ,tions are frequently denied while full relief is granted upon final hearings, and sometimes applications Tor temporary in- atunctions are granted whiie relief Is denied upon final hearing. It Is impossible upon temporary application to put all the facts before the court. Later on, on a bill filed by the South and North Rail- road company. the judges hearing that case also denied the application for a temporary injunction In like manner, this in no way affected the merits of the case
 Appeal to Supreme Court
 Relieving the decision was erroneous ft was decided on behalf of the South and North Alabama Railroad company that an appeal shou.a be taken to the supreme court of the United States; as to the Louisville and Nashville it was decided to amend the bill and file a new applcation which it had the right to do. Public announcement of our nten- ton in these particulars vas made, and thereupon the defendants in the original cases took an appeai to the supreme court