Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1884-01-12

Nashville Aniericoa, l1th: 1t will be re-
membered that, about month ago, Judge
Baxter of the United States Circuit Court,
granted an injunction against the Railroad
Commissioners of the State OF Tennessee,
restraining them from revising or putting
in effect revised tariff, or in any way in
terfering with the operations OF the Louis
vile and Nashville and the Last Tennes-
see, Virginia and Georgia railway systems
until to-day, which was set for the hearing
OF the question as to whether the iniunc-
ton granted should be made perpetual
Judges John Baxter, ID. NJ. Key and T..
5. Hammond arrived in the city yester-
day, and are stopping at the Maxwell
House. Judge Hammond presides over
the United States District Court for West
Tennessee, and Judge Key for Middle
and East Tennessee; Judge Baxter is the
United States Circuit Judge for Ohio,
Michigan, Kentucky and Tennessee. They
will hear the argument of the host OF
counsel who are to present the cases OF
the commissioners and the railroads.
Mr.. William Butler Duncan, the New
York capitalist, and president OF the Mo-
bile and Ohio railroad; Mr.. NJ. Ii. Smith,
vice-president of the Louisville and Nash
vile system, and large number of other
railroad magnates, are in the city to attend
upon the hearing of the case, as they are
all deeply interested in the decision Mr..
Duncan is stopping at the Maxwell, and
had several gentlemen in consultation
with him last night in his room, No. l.
The Hon. Z. A. Russell, attorney for
the Mobile and Ohio railroad; the Hon.
James Fentress, attorney for the Chicago,
st. Louis and New Orleans railroad; the
Hon. Holmes Cummins solicitor for the
fhnS oolya ot,1 a.
d Frazer, the Hon. Ed Baxter, the Hon.
+. II. East and Messrs. Smith & Allison.
counsel for the Louisville and Nashville
railroad, are all expected to appear in the
case to-day. The State will be represent
ed by Messrs. Nertrees & Vertrees, and
the Hon. S. F. Wilson will appear for the
Railroad Commissioners.
a number of other railroad magnates
are expected in the morning, and the ar
gument of the case will commence at 9 so
o'clock ain.
The case is attracting great deal OF at
tentlon all over the country, and a report
OF the proceedings to-day is awaited with
great interest.
The restraining order above mentioned
was procured by the attorneys for the
Louisville and Nashville and East Ten
| nessee, Virginia and Georgia railroads,
when the Railroad Commission had APP
pointed day to revise the tariff OF the
East Tennessee, Virginia and..Georgia rail
road, acting under section IS OF the bill
providing for the appointment OF the Rail
road Co mission laws OF 1888, which is
as follows:
BE Il further enacted, That it shall be the
duty OF the commission to consider and
carefully revise all tariffs of charges for
transportation of any person or corpora
ton owning or operating a railroad in this
State, and il in the judgment OF the COM
mission any such charge is more than
just and reasonable compensation for the
service for which it is proposed to be
made, or ii any such charges amount to
unjust or Unreasonable discrimination
against any person, locality or corporation,
the commission shall notify the person or
corporation of the changes necessary to
reduce the rate of charges to just and rea-
sonable compensation, and to avoid unjust
and unreasonable discrimination; when
such changes are made, or when none are
deemed proper and expedient, the mem
bers OF the commission shall append a GER
titicate of its approval to such tariff or
charges, and in case such change shall not
be made, or ii any charge subsequently,
made shall not conform thereto said cor
poration shall be held pri1ia facie guilty Of
eNtOrtiOn.