The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-19
SHREWD LAWYERS
MAKE NEW MOVE
Latest Phase of Gray's Suit
Against the L. & N.
WALTER MOORE INVOLVED
Filing of Application for Receiver for
South and North BY Mr. Moore
Is a Surprlse-Troops for
Chickanauga.
WALTER MOORE INVOLVED

Montgomery. May 1S.-tSpecial THE
latest move in the fight on the Louisville
and Nashville railroad made by Henry b.
Gray and other minority stockholders the
filing of an application for receiver for the
South and North, by Walter Moore of
Birmingham, will not be discussed, accord
ing to present programme, except in the
event of the supreme court sustaining
Judge A. D. Sayre of the city court In his
Judgment of custer. The effect of this
judgment would be to entirely deprive
the Louisville and Nashville from operat-
ing the South and North road, which runs
from Decatur to Montgomery. Mr.. Moore
is a minority stockholder, holding thirty
four shares but has heretofore made
common cause with Mr.. Gray in the litigat
ton.
The story of the filing of petition for
receiver by Mr.. Moore is an interesting
one, and indicates keen watchfulness of
the attorneys in the Gray cases. The pa
pers had been made up and were at the
court house when Judge Sayre handed
down his Judgment of custer on Wednes-
day last. As soon as the ruling was made
the petition was sworn to before a notary
and sent at once to the desk of the clerk.
Here it was piled up with a stack of pa
pers and nothing more was thought Of
1t, because of the fact that the judge al
lowed an appeal to the supreme court,
which abated the conditions that would
have justified consideration of application
for the court to take charge of the line.
In other words, 1t was simply move on
the part of the Gray forces to get in ION
the ground floor"
This fact explains why nothing was said
of the Moore petition in reports of the
case on Wednesday. The papers were not
regarded as of Importance in the light of
the turn taken in the litigation, and no
one spoke of them. Judge Sayre, TO whom
they were directed. had not even looked at
them up to this time. The Judgment of
custer will be argued before the supreme
court ON May 81, until which time very
probably there will be no further moves.
Several other cases. many times reviewed
are now before the supreme court, and It
will be help to the judges of that tri-
bunal to have the whole thing in their
hands at the same time.
Mr. Moore is a close personal friend of
Mr.. Gray. They have served In many bust
ness capacities together, and were many
years associates in the City Council of
Birmingham. 1t was not known here that
Mr. Moore owned any of the South and
North stock until he petitioned for re-
ceiver. He AYERS that he owns thirty-four
shares and that they are worth the par
value of 500 each
Grand Encampment.
In an interview with man in authority
in military circles 1t Is learned that 1t
has been decided to send the First regi-
ment, A n. G., commanded by Col r.
b. DuMont of Mobile. to the regular
camp at Chickamauga and also the Third
regiment Col. w. II. McElroy, Admission.
commanding. If 1t can be so arranged. The
law which will provide for this assign
ment allows one regiment from each state,
one troop of cavalry and one artillery bat
talon. However, as neither the artillery
nor the cavalry in Alabama care to 60 it
is hoped that two infantry regiments may
be selected.
The law of Congress to care for the ex-
penses OF national gnard troops camping
with regulars allows total of $4,000 for
the purpose. 1t is attached to the general
appropriation bill. which has not yet be-
come law. and may not. In case of fail
ure. OF course, none OF the state troops
will be sent to the camp The impression
seems TO be. however. that the bin will
become a law, the war department is
proceeding as II 1t had already passed
1t is quite certain that Col. c. r. Brick
en- of the Second regiment does not care
to go with the regulars and in case two
regiments go the First and the Third will
he selected. Both are In fine shape and
have high rank as state soldiers with the
department at Washington. If II he ar
re- nged that two regiments go with the
regiments the entire appropriation of sI5.-