The Montgomery advertiser., 1906-06-01
l.. & N. CASE
 IS CONTINUED To Be Heard by Supreme Court in November. JUSTICES HEAR LAWYERS Undue Haste is Claimed by Rail road Advocates.
 Several Attorneys Cite Law in Effort to Get Case Submitted Now--Ap- peaIed from Judge sayre.

After hearing the arguments of
 counsel in the appeal brought by the Louisville and Nashville Railroad 1 Company from the decision of Judge
 A. D. sayre in the Montgomery City Court. busting it from the control of
 the South and North Alabama Rail-
 road, Justice Haralson of the Supreme
 Court yesterday granted a continuance
 of the case of Henry B, Gray vs. the | railroad company, until the next term | of court.
 While it was held that the case was | properly before the court, it was sta | ted that owing to the number of pre- ferred cases which must be consider | ed by the Supreme Court before the | end of the present session, sufficient | time could not be given to the impor- tant case until tho convening of the next term.
 The continuance, coming at the time 1t does. is regarded by those watching the progress of the litigation, ss step in favor of the railroad company. In opposition to the arguments of the counsel for the railroad company, Phares Coleman, attorney for Henry B. Gray. urged that the case be taken l into immediate consideration. The | nature of the proceedings which had | said, called for expeditions actions.
 Justice Haralson, however, held against him.
 No Time to Prepare. Lack of time to properly review the proceedings in the City Court, and to
 prepare for another trial so soon after the decision of the custer case, was
 the argument used by the attorneys | for the Louisville and Nashville, in | asking for a continuance The history of the now famous Ht- l igation between Henry Gray of Rirm- | ingham, and the Louisville and Nash l vile road, is well known by Alabam- | ans. On account of the importance of
 the financial interests involved and the effect the outcome of the case may have upon the State at large, it has
 been closely followed by lawyers and | others throughout the State. During | the progress of the trial, number of the most prominent lawyers in the State have acted for one or the other | of the contesting parties. The arguments made yesterday were | on an appeal from the decision rem dered by Judge Sayre in quo warranto | proceedings inaugurated year ago l by Henry B. Gray, minority stock | holder, asking that the Louisville and
 Nashville be busted from the control of the North and South Railroad of Alabama, running between Decatur and Montgomery. After numerous de- | murrers and arguments on the differ | ent phases of the case, the decision of l custer was granted a few minutes af- | ter noon, on May Is.
 Five minuets after the granting of the decision. a bill was filed in the | City Court in Equity, asking that since | the Louisville and Nashville had been busted, thus leaving the North and South Railroad of Alabama without a l management, the court appoint a mana l ger to take charge of the line, the an | pointment to take effect instantly. This | bill was refused by Judge Sayre how
 ever, until after the finding of the su- preme Court in the case, notice hav | ing been given by the counsel for the | railroad of an appeal to the higher | court.
 Argument Before Court. | The Supreme Court met to hear the | argument yesterday morning with Jus | tice Haralson on the bench Chief | Justice Weakley did not sit at the hearing, owing to the fact that he ! had been connected with the law firm which was interested in the case when | l. was originally introduced in court Associated with Justice Haralson yes terday were Justices Dowdell, Simpson and Denson
 Gregory L. Smith of Mobile opened the argument for the railroad company. The lawyer asserted that time enough had not elapsed since the judgment of the lower court to properly prepare the briefs in the case He quoted l section of the Code which seemd to deny the right of the court of such haste.
 Following Mir. Smith, Phares Cole man, representing Henry B. Gray, ar
 gued that the section of the code quot cd referred to ordinary cases Quo waranto proceedings, however. he de clared, called for expedition. He quot
 ed other sections of the code, which he
 urged, called for early action in such
 controversies as the present
 John P. Tillman of Birmingham, then
 argued before the court for the rail
 road company. The time since the
 first decision had been too short. he
 said. It had been impossible for him,
 he declared. to investigate the matter
 properly. to see if the record, of the
 case had been correctly made up. lie
 showed considerable spirit in his ar
 gument when he called attention to the
 great importance of the litigation, not
 only because of the enormous financial
 interests involved, but also because of
 the effect a decision In the case would
 have upon the people of Alabama. It
 would be unjust to them, he said, to
 hurry the matter too rapidly, and It
 would be unjust to the judges sitting
 In the case to ask them to assimilate
 the mass of evidence in the previous
 trial without having a greater amount
 of time to assimilate it.
 In response to the arguments pre- sented. Justice Haralson said that In view of the fact that there will be
 only one month before the adjourn
 ment of the court. and that there are
 number of preferred cases which must be disposed of before that time i the case would be continued for the | term. The court held. nevertheless. ] that the case was properly before it. but that the argument in the case
 would be deferred until the November term. 1908.
 Speaking for his client, Phares Cole | man said after the decision of the court that he was not prepared to state that any immediate action will be taken by him at present While action may be | taken later, the case will rest at it Is | for the present,
 1 Take the children to see the dogs and