Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-12-16
Chief Points in the RiiI Of the L.. & y
Railroad Company.

Following Is a copy OF the restraining
order served upon the Commissions in the case
of the Louisville and Nashville railroad, from
which it will be seen that this road brings into
question the method of the passage of the bill
creating the Commission by the last Legislature,
when the Republican members, refusing TO an
swer to their names when called, protested that
the roli.eali did not ShoT 5 gu59Tgm present;
to John ii. Savage, John A. Turlcy and George
W. Gordon, the Railroad Commissioners Of 'en-
WHEREIs' Bill has been filed in the Circuit
Court of the United states for the Middle District
of Tennessee, at Nashville, by the Louisville and
Nashville Railroad Company against you, pray
ing, among other things, as follows: That it be
dccreed and declared that said act of the Legisla
ture of Tennessee, approved March 30, 1883, for
the -easons above assigned, was not passed in tho
mode required by the constitution of The State Of
said constitution, and Is therefore null and void;
that until the further order of the court in this
cause, said defendants be enjoined from taking
any action whatever agnlpst or IN relation
to complainants under said act. BGt II the
Court shouid not thlnk saiu act was Folq Tor an
creed and declared that said act violates the con
stituton of the United states, in this, that It i'm
pairs the obligation of the contracts contained in
the act of the General Assembly of Tennessee
granting complainants the right of way into Ten
nessee, and in the acts granting charters to the
Memphis and Ohio, Memphis Clarksville and
Louisville, and Louisville, Edgeheld and Ken
tuck ard Nashville and Decatur railroad com
paniGsi and that sald defendants b1 vnloinpd
until the further order Of the court in this cause,
from revising complainants tarih Of rates upon
ttseNs
Nashville for the transportation of either freight
or messengers, so as to reduce thom or any OF
them below iE9 maIimnm ,,pS nMeS os inc nc,
complainants the right of way into said state;
also from revising eOmplainants tariff Of rates
upon the roads which formerly belonged to the
Mem phis and Ohio, the Memphis, ClarkSVillc aud
Louisville, the Edge6eld and kentueky aud the
Nashville and Decatur railroad companies,
as TO reduce them or any of them below the max
imum limits fixed for said roads respectively by
their respective eharlers. -E
If the Court should not think that said act i'm
pairs the obligation of said contracts, then COM
plainants pray that the court decree and declare
that said act violates the constitution of the
United States. in far il seeks 10 authorize
said defendants to regulate the rates of transpor
tation upon cotton. tobacco, or other articles
which, though passing from point TO point in
Tennessee, in fact articles of trade, destined
ioroter states OF isreSn eS4n5tles, and thai said
this court from revising complainant's tariff of
charges upon any such article of trade.
If the Court should not think that the trans
portation Of such articles of trade, as have just
been mentioned. is interstate commerce, until
such articles may be actually route ont Of into
81 dSereeS ia SnJ deehted by he Court that said
act approved March 20, 1855, in so far it at
tempted TO authorize defendants TO regulate the
rate of transportation of passengers or freight
from points in Tennessee to points without,
from points without TO points within, or from
tennessee, violates the psGtution of the United
States, and that SAID uetsnnaats be tn,oieod until
The further oTfsr q tss se1 IrGm !ne IsVsns SSm
or freight. That said defendants be enjoined
from bringing 95 rresecu,ing md from aiding IN
against eaaplainants for refusal by eomplainauts
10 redueetfeir charges Z, conform TO such rsvi-
JJIpGE BAyTER,S RESTRAINING ORDER
THEREON.
Whereas said bill was presented to the Hon.
John Haxtsr, judge Of said court. when he made
First-To the clerk of the Circuit Court of the
United States for the Middle District of Tennes-