The Montgomery advertiser., 1905-08-26
SEEKS TO. DUST
 THE L. & N. H. B. Gray Asks Court For An Order. LITIGATION IS RENEWED Claims South and North is Operated without Authority ~
 Minority stockl.older in Line Between Ix Montgomery and Decatur Says IS> Privilege Granted by State Was Abused.

Henry B. Gray of Birmingham yester- day filed quo warranto proceedings against the Louisville and Nashville Railroad Company in the City Court Of Montgomery He wants to know py what authority the Louisville and Nash vile Is operating a railroad rom Mohl- gomery to Decatur.
 Tba nrooeediugs were filed yesterday afternoon at 1 o'clock. The answer of the Louisville and Nashville was made returnable before Judge A ID. Sayre on September A.
 MT Cray, who Is a stockholder of the south and North Company, claims that the General Assembly of 1854 gave a franchise to the South and North Rail- road of Alabama, a domestic corpora ton, to operate this railroad, and that the operation by the Louisville and Nashville is usurpation of the granted privilege.
 His bill is as follows:
 s"The State of Alabama. on the rela- tion of Henry B. Gray. a resident citi- gen in the County of Jefferson, anu State of Alabama, and said Henry B. Gray, joining himself as plaintiff. file this petition or information and made known and state to the court:
 "First-That heretofore, to-wit. on
 the 17th day of February, 1854, there
 was, by an act of the General Assembly
 of Alabama, granted charter to the
 South and North Alabama Railroad
 Company. that said South and North
 Railroad Company was duly organised
 under said act of the General Assembly
 of Alabama, and accepted the charter
 and franchises thereby conferred, ana
 that the said South and North Alabama
 Railroad Company has It's principal
 place of business and resident office Tn
 the city and county of Montgomery
 Stete of Alabama.
 Nashville Railroad Company is for
 eign corporation, organized under and bv virtue of the laws of the State or
 kentucky and Is doing business in the city and county of Montgomery, ana State of Alabama.
 '"Third-That at the time of filing this information, or complaint, and for many years prior thereto, the said Louisville and Nashville Railroad Company, being such a foreign corporation. is exercis- inw and has exercised the franchise or franchises granted by the General As- sembly of the State of Alabama to the said south and North Alabama Rail- road Company under and by virtue or 1 the said act hereinabove referred TO- granting said charter. or is exercising | the franchise or franchises of running A railroad and collecting tolls for the | same between Montgomery, Ala, and | Decatur, Ala, without any warrant or authority of law whatever; that in so operating said railroad. or exercising g said franchise or franchises 1t is, and ] has been, unlawfully and without au- thority of law, using, enjoying and usurping the right privileges and iran chises granted by the General Assembly of the State of Alabama, to domestic | ar resident corporation, to-wit:> the South and North Alabama Railroad Company, or has been using, enjoying and usurping a franchise or franchises
 which have not been granted to any person or persons by the State of Ala hama: that in the use, enjoyment, or usurpation of said rights, privileges and franchises, the said Louisville and Nashville Railroad Company, being a foreign corporation as aforesaid, Is en- ragged in doing those things that are unauthorized by the laws of the State | of Alabama and which are unlawful un- der the laws of the State of Alabama and is exercising and has exercised a
 privilege or privileges, franchise or | franchises within the State of Alabama without any warrant or authority or | law.
 Asked to show Authority. practitioners make the Louisville and
 Nashville Railroad Company party de- | fendant hereto, and pray that wrl'
 of quo warranto or other appropriate writ be directed to said defendant, the saId Louisville and Nashville Railroad I Company commanding 1t to appear and show under what warrant or authority of law it exercises the franchise or franchises of operating and maintain ing a railroad in the State of Alabama between Montgomery. Ala, and Deca-