The Birmingham age-herald., 1914-11-10
DECISION HOLDING ROAD ID BE COMMON CARRIER IS WELCOME Much Optimism Over Deci- sion of Birmingham
 Southern Case RECALLS HEARING
 HELD HERE IN 1912 President of Louisville and Nashville Made Remarkable Speech-De-
 cision Means That Extension
 Will Probably Be Made

Viewed jointly with two preceding de- cisions the case decided yesterday by the interstate commerce commission in favor of the Birmingham Southern railroad holding that line to be a common car rier is of unusual importance and interest to Birmingham.
 The local officials of the Tennessee Coal, Iron and Railroad company are drawn into the fight in behalf of the Birmingham Southern much against their will. When it is realized that all of the lines that strenuously opposed the At ianta, Birmingham and Atlantic partiei- pating tariff on the oro,inds that the Birmingham Southern was a plant facil- ity and not a common carrier are cus- toners of the Tennessee Coal, Iron and Railroad company, and that the patron age amounts to millions per year. it may be well understood that the officials re- gretted the necessity of initiating the con- test,
 However the officials are believed to nave felt that line 19O miles long that mas stations all along it and which car ITS all kinds of freight and which makes connections at various points with other lines was entitled to compensation.
 In 1911 the Atlanta, Birmingham and At lantic recognized the Birmingham South ern as common carrier and not a plant facility, and announced that a joint tariff had been arranged allowing the Birming- ham Southern the participating revenue of 6.5 cents per ton on coal shipments. The Louisville and Nashville, Southern. Alabama Great Southern and other lines started battle which was contested inch by inch until the case was closed before the special master. Tn November, 1911, the special master of the interstate com merce commission held a session here lasting several days at which testimony was given by many prominent railroad men and officials of the Birmingham Southern railroad The testimony was subsequently, submitted for reading by the commissioners.
 Recalls Hearing in 1912
 It is recalled that the most dramatic incident of that hearing was the sud- den appearance on the stand of Milton H. Smith, the venerable president of the Louisville and Nashville. He waved aside all attorneys and ordered the of- hcial reporters not to take down what he said. He then launched into his. tory of railroading in this district that held every one who heard him spell bound. This was after o'clock on a Saturday night
 His recital of the battles here, the history of the Birmingham Southern. the Louisville and Nashville's own hard row to travel and other transportation facts fairly startled the men who heard the story flowing unceasingly from the lips of one who had been in the fore front in all struggles. His story, how ever, was not of evidence and was only an informal, unofficial narrative for those present.
 George G. Crawford, who is president of the Birmingham Southern, testified at the hearing and his story was listened to with closest attention. MT. Crawford maintained the right of the line to receive compensation for ser vices rendered and convinced a great many who were present that the Bir- mingham Southern was not a plant facility but common carrier as any other railroad
 The net result of this opinion will be the branching out of the Birmingham Southern railroad. 1t is now 130 miles long and is very close to the Warrior river, The Tennessee Coal, Iron and Railroad company possesses lands of great value on the river near Lock '. It will require only a few miles of con- struction to put the line to the bank of that stream.
 Walker Percy, of counsel for the Bir- mingham Southern company, at the hearing here stated that if the Bir- mingham Southern was held to be oth- erwise than common carrier no ex- tension could in fairness to the owners be made. This is taken to indicate that the line in the course of time will be built through to the Warrior river basin and that eventually the Tennessee Coal, Iron and Railroad company will de- velop coal properties along that line for shipment down the river to the gulf points. In Birmingham industrial circles nothing has happened lately to cause such optimism as this decision.
 The Associated Press account of the decision as sent to The Age-Herald reads as follows
 Decision of Commission
 Washington, November 9.-The Brming ham Southern railway today was held by the interstate commerce commission Ito be a common carrier and as such en- titled to make joint rates with other car riers and to receive divisions out of such rates"
 A maximum rivision of 6.5 cents a ton on carload traffic. allowed to the Bir- mingham Southern by the Atlanta, Bir- mingham and Atlantic railroad, was There is a reason behind every