The Birmingham age-herald., 1905-10-06
ANSWER IS FILED ID GRAY'S PETITION |. 6 N. is Not Violating the
 Law so SAYS THE ANSWER Chaplain Brewer of Convict Depart ment Says There Is Distinct Re- Iieous Revival Among
 Convcts.
 
So SAYS THE ANSWER

Montgomery, OctoDeI os-topecldl.)-A torneys for the Louisville and Nashville Railroad company today filed an answer in the city court to the application made some weeks ago by the attorneys of H. B. Gray of Birmingham. It holds that there is no showing in the application that the Louisville and Nashville Railroad com pany has violated any law of the state of Alabama governing corporations, and that there was no jurisdiction in the court of action to try the cause.
 The application for quo warranto was made by Phares Coleman and S. H. Dent. representing H. B. Gray of Birmingham, minority stockholder in the South and North of Alabama, part of the Louisville and Nashville, seeking to have the oper- ating line show by what authority 1t op- erated the South and North, and contend ing that the Louisville and Nashville, foreign corporation, had no right to so conduct the minor company, which is do- nestle. It was presented to the court August 25, and later Judge A. D. Sayre, presiding in the equity division, set Oc- tober as the last day for answer and the trial of the cause October 1S
 In the answer filed today, the attorneys being John P. Tillman of Birmingham, Gregory Smith of Mobile, and others, 1t is held that the application for quo war ranto did not show any violation of law for which the Louisville and Nashville should be busted from the control of the South and North, and does not show where the said defendant has violated any of the Jaws of the state. It Is also charged the application Is Indefinite as regards the use of franchises and the manner in which they are exercised. It is not shown that the defendant has failed to comply with the law regarding foreign corpora tions doing business in Alabama.
 Because of the operation of railroad in Alabama" the answer continues, by a foreign corporation having power under it's charter to operate railroads In Ala bama after said corporation had compiied with the laws of Alabama, authorizing foreign corporations to do business is not the exercise of such franchise as gives this court Jurisdiction to try It's right thereto by a quo warranto pro- eeeding and said petition does not allege that defendant is without such charter power, nor that 1t has not compiled with the laws of Alabama authorizing foreign corporations to do business in Alabama. t''Because 1t is not shown in any petition  road company has ever usurped or intrud- ed into any franchise that gives this court jurisdiction to try It's rights thereto in this proceeding sssetz
 As minority stockholder, Henry B. Gray of Birmingham is trying to force the Louisville and Nashville railroad to make accounting of it's operations of the South and North. d ts s' '
 An Explanation.
 Tn paroling Frank Davis, negro of Covington county, athe other day, the Governor said that the trial solicitor had written that there was little or evil dence to convict This was taken to have meant that Solicitor Parks had been the trial solicitor, but such Is not the case, he being only at the preliminary hearing, and not at the time of the trial a solici- tor taking part In the case.
 This being so, the Governor has made change in the endorsement on the pa pers, which is now as follows: 20
 Frank Davis, Covington County.-The trial solicitor, being an assistant to the solicitor of the circuit, wrote in an ap- plication for pardon. There was very little evidence duplicating him in the murder. There is very grave doubt that he had anything to do with it. The sheriff of the county wrote as follows: I have no interest. direct or indirect, in the matter, except that justice may be meted out for humanity's sake. It Is tre consensus of opinion among the citizens of the county that he Crank Davis) was convicted on general principles" '~
 Chaplain Convicts.
 In report just made to the president of the state board of convict inspectors Judge J. M. Carmichael, Chaplain Brewer says that there is distinct revival in the work of a religious character among the convicts and that they are now being given every chance to become better and to live as good men and women should
 He says that there is much more litera- ture than ever before and that there Is more of disposition to read it and live by it's teachings. At the various camps opportunity is given to build up the reig- ious life of the wards of the state.
 The following assistants have made re- port of work to Chaplain Brewer: P. Nj Galloway, Durham camp; J. J. D. Hall, Flat Top and Pratt mines; s. w. Rob erts, River Falls; M J. Elliott Wetump- ka; J. H. James, No. 4.
 
 cents to 5 cents and had been refused the reduction.
 The city attorney was instructed to in- vestigate the franchise or rights by which