The Birmingham age-herald., 1920-02-15

ouHudys D JdDQhEy 10, GA~GONCI
 O'NeaL in the Montgomery Advertiser and Birmingham News, published an sx-
 tensive statement regarding the compro-
 mise made during his administration, of the states suit against the l.. & N, N c. & St. l.. and Central Railroads, and incidentally took thrust at the Mont
 gemery Journal, Judge Merritt and me. Governor O'Neal recounts the settlement made with the railroads by him and Elk Gov. Charles Henderson, who at the time was president of the railroad commiS- sion. In this settlement they agreed that the state should withdraw it's appeal from Judge Jones injunction and dismiss this suit and for this conduct said rali- roads were to put in the 215-cent passen- ger rate and recognize the power of the
 railroad commission to establish reason able rates.
 MAKES HIS OWN HISTORY Governor ONea1, making his own nls-
 tory of the case, affirms that the com premise made by him and Governor lieu derson with the railroads accomplished most important victory for the state, ana
 he regards this settlement as one of vhe most successful accomplishments Of ms
 administration.
 As this suit grew out of the legislative acts during my administration and the conduct of my administration, 19o7-l0, and
 being familiar with 1t. thought then and now that it was one of the most lmpor-
 tant causes this state or any other state' ever had, and during my administrator ecery step which could be taken to sue cessfulIy prosecute this cause and secure the interests of the state was taken. and at inc time that this so-called compro- mise was made, I was profoundly nm pressed that it was exceedingly bad TOT every interest of the state, and should not have been done.
 WELL TO REVIEW THE CASE l think it we'll that review of the case should be made, not so much as a1Iect- ing this particular cause, but for the pur- pose of trying to instill into every man 1 ir Alabama the doctrine that cer'aEi rights of the people Of the state are o subject to compromise, and whenever 1 if is done. it is bad, no matter who does 1 if am the strongest believer that the | indiv;d,1al and his interest is first In the etate and that the state is here to saie-
 guard his rights and see to it that no one trespasses upon his property. l The freight cases thus settied "eIe known as the ten group acts. me se.s were discussed by me and others | tbroughout the state in 1906, and as re- | call were embodied in the state plat | form and enacted by the legislature ol l ,o07 into law, and their adoption py tno "a iJroads would have carried reiie1 ID every shipper, every producer ana every consumer in the state- They were hnow II as the Conner rates and were ,naue II. .ns u,,,ost tairpess to the railroads, ana were ] taken almost bodily from the tariffs on simtlar articles in our neighboring states' notablv Georgia, Carolina and Virglnia.
 ,rhis law was enjoined by the railroads in Judge Jones' court, and was carrie. hv appeal to the court of appeals al New | Orleans. Pending the appeal anu soo, after the injunction, as governo ,ts settlement with the Southern anu H hranches with the A. C.. s. ana tne M 70 O and soon afterwards with the At Eort;c Coast Line. The rebate coupons | freight and passenger, as stateo py oor eruor O'Neal, were concedeo to .ne st roa ds named becaues Of the impor 'an. | inc settlement, and the Vioia.ions VI Ia u had not been long. and there was no se rious loss to the shippers inVoiVeu 1 COURT OF APPEALS DEClSloN The court of appeals decioeo u'a. tho
 o,n,sst,n, roads did not show that the , notss would prove confiscatory ana oe str,,ctive and ordered the rates trieo ou'. T,,a rai,roads appealed from the court or anneals to the federal supreme court. Trha sunreme court declined to interiere 1 and the rates were put in ana the puu,io l had full benefit for three years, ana .ie management of the L. & N. Rairoao'
 n,hose custom it had long been to suporn and control the state and it's policies, was comnelled to obey the law and put the
 state made rates in
 JUDGE JONES' DECISION l r,ba contestinp roads, the L. x N., IN. i C & St l.. and Central went pack eo | Judge Jones' court and prayed rehe"eu Injunction. Judge Jones put the causes on trial. naming MT. Gunter as Master 1 for the l.. X N and N. C. St L- and Iudee Thorington for the Central. After an extended investigation. Judge Sel- lhcimer representing the state in the L. & N and N. c. and St. l.. cases and Jndge l Weakley in the Central case, the Masters reported their findings to Judge Jones 1 that the roads were not making req sonable profit and Judge Jones renewed | the injunction.
 The contesting railroads immediately 1 went back to their old tariffs of higher freight and passenger rates. leaving quite a difference in the rates charged patrons by the contesting and non-contestins roads.
 l GOV. O'NEAL STARTED RIGHT During this time my term of office ex- pired and Governor O'Nears administra-
 tion commenced. Governor o'Neal re- rewed my contract with Messrs. Selheim- CT and Weakley to prosecute the states rights in the case, and on renewal oi ithe injunction, Governor ONeal instruct ed them to carry by appeal the causes to the supreme court and they were ir preparation of the case for appeal wher this quick, undiscussed settlement was
 m ade.
 This ocurred in the last year of Cover. lnor O'Nears administration and prior tt
 the state primary. in which primary thu Governor and other state officials were
 to be elected. and MT. Henderson wa. lcandidate for Governor.
 Governor O'Neafs article states that