The Birmingham age-herald., 1906-06-20
CANNOT AGREE ON
 THEPOSTPONEMENT
Arguments in Gray Custer
 Judgment Must Proceed
BOTH SIDES FIGHT HARD
L., & N. Asks That Gray Forces Call of All Litigation Pending In the City Court of Mont.
 gomery.

Montgomery, June 19.-(SpeciaI )-After some lively skirnishing the supreme court
 entered at Il o'clock today into a discus
 sion of the application of the Louisville
 and Nashville railroad for a writ of pro- hibition deterring the enforcement of a judgment of custer recently issued by the city court of Montgomery in which 1t Is held that the said Louisville and Nash vile had not the right to control the South and North railroad, and busting it from such control. Messrs. Coleman and
 Dent representing Henry B. Gray of Bir-
 mingham a minority stockholder of the minor corporation, at whose instance the Judgment was issued by the lower court,
 asked postponement of the argument on
 the petition but, failing to agree with counsel on the other side for the post ponement of all litigation touching the South and North, now pending in the low CT court this was denied
 The attorneys of the Louisville and Nashville had filed an application for a
 writ of prohibition to prevent the enforce
 ment of the custer judgment and today
 was set down for hearing by the supreme court. The court was asked to super cede the custer or falling to do that pre- vent it's becoming effective until an ap-
 peal now waiting can be decided This judgment had been issued on May 16, last. by the city court of Montgomery
 and appeal taken by the Louisville and Nashville, which corporation should the Judgment be made final, would be deprived
 of all right to control the South and North
 Contempt Proceedings.
 Failing to have the appeal submitted at the present term of the supreme court the attorneys for MT. Gray filed petl- ton In the city court of Montgomery al leging that the appeal did not superceoe the judgment. that the judgment was at once operative and that in refusing to so take ii the officers of the Louisville ana Nashville were in contempt or conrl'
 Judee A. D. Sayre issued an order citing Inc officers of the said corporation, name lv. F. Sid Jones, district passenger agent and T E. Brooks superintendent, at BIT mingham to appear June 23 ana oeiehu the charge that they are in contempt oi court The proceedings today are an CT fort to prevent the lower court holding that the custer was not superseded anu any attempt on the part or ofncers oL eno lower court at the instance or MT 1rhy to make trouble for the operators oi ,ho South and North by stopping It's trans
 or otherwise preVentlng-{he my ei'en' | traffic. | ,rhe reouest for postponement was made
 bv the attorneys for MT. Gray, Messis. 1 Coleman and Dent, they asking uiitii mex. l Thursday They stated that they iiao iioe 1 been notified of the movement ps the other side until late Saturday aiterhoon' and had had no time to get ready for the argument.
 Opposed Delay.
 Tho r.ouisvIlle and Nashville attorneys. Gregory L.. Smith of Mobile and Johh
 p T-iIlman of Birmingham, opposed
 nostponement believing that tnere hau heon all the time needed for proceed ing of this kind. It was also eXpiaiheu from the bench that the writ was such
 A one as might be granted by the court or any member of the court in Vacatlon' without hearing both sides, but that the time had been set for today Tn oroer that both sides might be heard
 l Messrs Smith and 11llman finally agreed that a postponement would De accept, able If the Gray forces and friends "ouiu call off all litigation pending Tn the ci's | court of Montgomery, ihcluoihs a,i f nlica tion for a receiver for the South anu North by Walter Moore of Birmingham | set down for hearing the same day as the | contempt proceedings. It.. | Mr Coleman and MT. Dent said they | oo,,ld not agree to calling off the Moore
 petition; that 1t did not have anything l to do with the Gray suits against the
 Louisville and Nashville, and was Tn no ] sense to be taken a part Of the causes now being considered. It was even
 brought in a different section of the court,
 chancery. and he could not agree to ue- ferring the bearing beyond the day set l Mir Smith argued that the suit of MT.
 Moore was antlcipatory of the court hold 1 inc that the custer was at once effective, | and he would not agree to leaving !. l out. ., l..
 It being impossible to get together Tn l this way. the supreme court ruled that
 inc argument must proceed at once Jus 1 flee Haralson sat as chief justice in the | absence of Chief Justice Weakley' who 1 is disoualifed