The Birmingham age-herald., 1906-03-28
NEW PLEA FILED IN
 FAMOUS GRAY CASE
IL. & N, Maintains Right to
 Operate Road
JUDGE TYSON ENDORSED
Large Meeting of Montgomery Bar Adopts Resolutions Hedging Sup port to Candidate for
 Chief Justice.

Montgomery, March 7.-(Speoial 1.-The famous case of Henry B. Gray, vs. the Louisville and Nashville Railroad com pdny again came to the surface today when the attorneys for the railroad, Gregory L. Smith, of Mobile; John P. 1illman, of Birmingham, and George W, Jones. of Montgomery, filed additional pleas in combat of the effort of Gray to secure quo warranto proceedings and oust the Louisville and Nashville from the control of the South and North of Alabama, in which MT. Gray Is mi- nority stockholder.
 Demurrers to fifteen counts argued some days ago before A. D. sayre, judge of the city court, were upheld by the court and the further pleas of today are in the nature of an attempt to sustain the allegations already made that the said Louisville and Nashville has the right to operate the South and North, The contention of MT. Gray, through his attorneys, Phares Coleman and s. II. Dent. is that the major corporation being a foreign organization it has no rights to operate the minor road as the matter now stands.
 In the new showing the Louisville and Nashville sets out that it has not violated or eYaded the law in any way in the op- eration of the South and North, and ar gued that the amended charter of the road given by the state of Kentucky gives the right to so do. 1t Is also con tended that majority of the stoekhold- CTS agreed to the amendment giving thls faa Inc n r. torneys also show that the South and North has not equipment to operate without the aid of the Louisville and Nashville. and that 1t will require $4,OOO,- GOO to provide such equipment. Further it is contended that the stock now held by Gray was owned by others who did not object to the Louisville and Nash vile operating the South and North.
 Judge Sayre will hear argument on the additional pleas on April 70.
 Tyson Endorsed.
 The members of the Montgomery bar at an unusually large attendance today endorsed the candidacy of John R. Tyson for chief justice of the supreme court Every law firm in the county was rep resented and the endorsement was unan- imous On motion of Ray Rushton, a committee wa sappointed to take up the matter and conduct. the candidacy of Judge Tyson for the high honor which he and Chief Justice s. D. Weakey are at present trying for before the people of the state.
 The meeting was presided over by w. l.. Martin, formerly attorney general and one of the nominees of the recent pri- mares for representative to the legisla- ture C.. r. Mertins acted as secretary The resolutions reeite the magnificent endorsement of Judge Tyson for ap- pointment to the position, his record on the bench and his personal life.
 The committee appointed to take in hand the Tyson campaign Is made up of B. F. Crum, chairman, J. M. Chiffon, w. l.. Martin, Pat Mcintyre, W. A. Gunter Horace Stringfellow, R. L. Har- mon, Hugh Dent, Phares Coleman Ray Rushton, W. w. Hill Lee H. Well, w. W. Pearson, Phil Stern.
 Of the committee Mr. Martin Is nomi- mated to the legislature, MT. Dent is county solicitor, Mr Coleman is former reporter of the supreme court, and Pat Mcintyre is ex-president of the city coun- cil and acting mayor during the yellow fever scare of last summer
 The Resolution.
 The following is the resolution in full: "Whereas. Honorable John K. Tyson was, in 1892 elected judge of the Second
  charged the duties of that office with sig nal ability and to the entire satisfaction of the people, and in 1898 was elected one of the associate justices of the SUI preme court for term of six years, and in 1904 was reelected to succeed himself, after having been nominated in the demo- cratic primary by an overwhelming ma iority of all the votes cast for associate tustfceship. and after the death of the distinguished iurist. Honorable Thomas N. Mcclellan. he was an applicant for appointment by the Governor to the of flee of chief justice, presenting with his auplication to the Governor the written requests of the unanimous membership of the bars of forty-nine counties of the state. and individual members of the bar of nine other counties of eleven of the thirteen circuit judges, of four of the five chancellors. of the county officers in twenty-six counties, and of many other citizens for his appointment; and, "Whereas, He has demonstrated by his opinions as an associate justice his pre- eminent fitness for the office of chief jus tice. and ranks among the ablest judges this state has ever had; therefore, be it Resolved by the members of the bar of Montgomery, in convention assembled. That we endorse the candidacy of Judge Tyson for the democratic nomination for the well deserved promotion to the office of chief justice, and earnestly recom- mend him to the democratic voters of the state as worthy of their suffrages in the primary election to be held In August next"
 Finds swamped Lifeboat at Sea.
 Savannah Ga March o7-The fishing