The Montgomery advertiser., 1905-10-06
[. & N. FILES ANSWER
REPLIES TO ALLEGATIONS OF HEN RY D. GRAY.
c. axer. that south and North Ratiroad Division Is Not Being Operated Without Author
 ity of Law.

, o,d Nashville Railroad Company to the ouo warranto proceedings filed by Hen ry B. Gray of Birmingham, and others, to ascertain by what authority the Lou lsvllle and Nashville operated raii- road and collected tolls over the rail- way from Montgomery to Decatur. the property of the South and North Rail- way Company of Alabama.
 The demurrers filed are in connection with the injunction proceedings insti- tuted about six months aGo by Henry B. Gray, a minority stockholder Of the South and North Railroad Company, to prevent the Louisville and Nashville Railroad Company. owners of 90 per cent. of the stock of the South and North from voting this stock for the purchase of the South and North by the Louisville and Nashville at a figure which he claimed was entirely too low.
 This case is now before the Supreme Court of Alabama.
 Later Mir. Gray and associates in. troduced quo warranto proceedings to ascertain by what authority the I.ou- isyille aad Nashville was operating the road over the tracks of the South and North.
 The demurrers filed yesterday are on the following grounds:
 First-That the petition alleges that the Louisville and Nashville Railroad Company is a for ei yn corporation and does not alIege that 1t has not com piled with the laws of the State of Alabama governing foreign corpora tions, nor does 1t allege that the said corporation has no authority under It's charter to operate a railroad in Ala bama
 second-The petition alleges that the Louisville and Nashville Railroad Com pany is a foreign corporation and that 1t is either exercising the franchise or franchises granted the South and North Railway of Alabama to operate a rail- way between Montgomery and Deca- tur, or is exercising the franchise or franchises of operating railroad be- tween Montgomery and Decatur and coll ,cting tolls between said places without authority of law. and fails to sufficiently a1lege either that the Lou isville and Nashville Railroad Company has no authority under Its charter to operate a railroad in Alabama, or that if has not complied with the laws of Alabama, authorizing foreign corpora tions to do business in Alabama.
 Third-Because the petition falls to sufficiently allege any facts showing the franchise to operate a railroad De- tween Montgomery and Decatur grant ed to the South and North Railroad or Alabama, by It's chsrter. is not being lawfully exercised upon certain condt-
 
 been compiled with nor does said peti- ton allege that the Louisville and Nash- vile Railroad Company has not com piled with the laws of Alabama, au- thorizing foreign corporations to do business in Alab ima nor that It has not the power in ifs charter to oper- ate railroads in Alabama.
 Fourth-Because the petition alleges in the alternative that the Louisville and Nashville Railroad Company is ex- ercising the franchise or franchises conferred upon the South and North Railroad of Alab tna by its charter, or Is ex srcising a franchise of operating a railroad between Montgomery ana Dectaur in the State of Alabama with out any authority of law, and Is wholly indefinite and uncertain as to what franchise granted to the South and North Railway of Alabama by its char ter, the Louisville and Nashville under the first alternative allegation, Is ex- ercising; and is also too uncertain and indefinite as to what acts the Louis- vile and Nashville Railroad Company has done which in the mind of the pleader, constitute such exercise of the franchise.
 "Fifth-Because the petition alleges in the alternative that the defendant IS exercising the franchise or franchises of running a railway and collecting
  and Decatur without any warrant or au- thority of law whatever and also ai- leges that the defendant has been us- ing, enjoying, and usurping franchise or franchises which have not been granted to any person or persons by the State of Alabama; that in the use. en- toyment, and usurpation of said right, privilege, and franchise, the Louisville and Nashville being a foreign corpora ton as aforesaid Is engaged in doing things that are unauthorized by the laws of the State of Alabama and which are unlawful under the laws Of the State of Alabama, and is exercising and has exercised the privilege or privi- leges, franchises or franchises granted by the State of Alabama. without any warrant or authority of law And l said plea is wholly indefinite and un- certain ss to what franchise or fran | chises defendant Is exercising in rum I ming a railway and collecting tolls for l the same between Montgomery and De- | catur. as alleged; and Is also wholly | indefinite ami uncertain as to the man | ner in which defendant has been so ex- | ercising said franchise; and Is wholly | indefinite and uncertain as to what | franchise or franchises the defendant | has been ueing. enjoying and usurping, l and which have not been granted to any person or persons by the State of | Alabama.
 Said petition Is also wholly uncertain and indefinite as to what things the | defendant Is charged with doing which, 1 are by the petition alleged to be unau- | thorized by the laws of the State of | Alabama and unlawful in law; and IS | wholly uncertain and indefinite as to what privilege or privileges the de- | fendant Is exercising within the State l of Alabama without any warrant or | authority of law.
 | Sixth--Because the operation of a | railroad In Alabama by a foreign cor | poration having power under It's char l ter to operate railroad in Alabama | after said corporation has compiled with | the laws of Alabama, the authority of l the foreign corporation to do business | in Alabama Is not the exercise of such franchise as gives this court jurisdic-
 ton to try its right thereto by quo warranto proceeding, and said petition 1 does not allege that the defendant is | without such charter or power nor that 1t has not complied with the laws Of | Alabama, authorizing foreign corpor- | ation to do business in Alabama. | Eighth-Because it is not shown in l and by the petition that the Louisville | and Nashville Railroad Company has
 ever usurped or intruded into any fran | chise that gives this court Jurisdiction
 to try it's right thereto in this proceed
 ing.
 The matter will be argued later De-
 fore Judge 4. D. Sayre.
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