The Birmingham age-herald., 1915-08-08
VICIOUS MOTIVES CHARGED TO PROBE COMMITTEE BY THE
 FORMER GOVERNOR
Continued from Page One)

IuBt ohtD clusons. They commence by saying that the state had won it's contention. This would be very gratifying if true. but un- fortunately the contrary is the case
 Had Lost Contention
 "The stat had lost it's contention. After the testimony was completed and reports of the special masters filed, Judge Thomas G. Jones rendered a final decree making perr etual an injunction against the states enforcing the 21a-cent passenger rate, as well as the freight rates fixed by the leg islature known as the commodity rates. It is therefore rather difficult to, Lnder- stanG how even the probe committee could construe this decision as sweeping vic tory for the state. After the rendition of this decision the railroad commission after conference with myself, the attor- ey general and the attorneys for the state, gave notice to the railroads, and after a protracted hearing fixed the passenger rate at 2ls cents. Judge Jones had inti- mated at the time he rendered his final decree that if the question of the reason ableness of the passenger rates had alone been considered he might not have in- terfered, but that the question presented to him was whether both the passenger and freight rates combined deprived the carriers of req sonable returns on their investments or were conflscatory. Hence, after conference with the railroad com mission we concluded it das best to avoid the mistake made by former Governor Conner and that the safest course was to proceed to fix the passenger rates alone. The railroads promptly undertook to en- join this rate. Under the law which ex- isted at the time the litigation between the state and the railroads was com menced one federal judge could enjon the findings of the railroad commission Dur ing my administration l took up this matter with the members of Congress from Alabama. wrote each of them a strong letter urging the passage of federal statute, requiring three federal judges to enjoin the decision of the state railroad commission. Through the active assistance of Hon. Henry D. Clayton, chairman of the judiciary committee of the House of Representatives at the time, who, labored earnestly and consistently for the passage of such a bill. aided by his other colleagues from Alabama such bill was passed: and hence the bills of the railroads to enjoin the 21s-cent passenger rate as fixed by the commission could only The federal judges denied the injunction be considered by three federal judges. and sustaind the validity of the rates. The railroads were preparing to appeal from this decision and the railroad com mission was getting ready to take up the question of freight rates.
 Gave Notice of Appeal
 Immediately after the decision by Judge Jones. l called the attorneys for the state in conference and gave notice nf an appeal. The attorney general took part in this conference. At their sugges ton the perfecting of the appeal was de- layed until certain cases pending in the supreme court of the United States in volvng similar legal questions could be decided. In the summer of 1913 l an- nounced that this appeal would be per- fected if the attorneys representing the state so advised After the rendition of the decisions mentioned by the supreme court of the United States, l did order an appeal and steps were being taken to l prepare the transcript and this was the situation at the time the offer of compro- mise was submitted. The committee
 states, to use its own language. There , remained but the barest possibility of ! reversal of the opinion of the United 1 States court by the supreme court of the | United States I will not take issue with the committee on this statement yet l am unable to understand why the
 committee should censure me for not talk