The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-01
CRAY CASE GOES
TO THE FALL TERM
Attorneys Have Not Had Suff-
Gent Time
SUPREME COURT DECISIONS
Examiner Reports on Books of Clay,
Madison and Morgan Counties and
Finds Everything In
Good Shape.
SUPREME COURT DECISIONS

continuance to next term.
In SUCH failure the attorneys for the
Louisville and Nashville gained the first
victory since the failure of the lower
court to act favorably upon an applica-
ton for a receiver for the south and
north division more than year ago.
The effect of the refusal of the su-
preme court to enter into an investiga-
ton today will be to continue the hearing
until the term which will not open until
next November.
When the case was callal today Chief
Justice S. D. Weakley. disqualified to
serve, vacated the chair to Associate
Justice HARRISON. Sitting with the latter
were Associates Dowdell, Simpson and
benson.
After some preliminariss. the court
called for the case of the Louisville and
Nashville VS.. Henry b. Gray, quo war
ranto proceedings. appealed from a rul-
ing of the city court of Montgomery.
This ruing had granted a. judgment of
custer, by the action of which, when
approved by the supreme court, the Louis
Vile and Nashville would be deprived of
the right TO operate the south and north,
a line running and now controlled by the
Louisville and Nashville, between Deca-
tur and Montgomery.
More for Delay.
Gregory L. Smith, for the railroad COM
pany, insisted that the time from the
ruling Of the lower court and the date
set for submitting to the supreme court
today was all too short and he and his
associates had not been able to prepare
e., - CHI In r1rpnprpd
real a section of the code to show that
the appeal had not come to the high COZ
IN legal way, and in fact was not be-
fore the supreme court at all.
Phares Coleman, for the Gray forces,
argued that the law had been entirely
compiled with. he cause being quo war
ranto, contemplating immediate action by
the courts. and to meet which cther Sec
lions of the court are made to apply He
did not think there had been undue haste,
He also pointed out that the case had
been in the lower court since last Au-
gust. and, though important, he knew,
there had bene ample time to become full
ly acquainted with the details
Tillman Showed Warmth.
John F. Tillman showed some warmth
in his argument in favor of postpone
ment of the arguments. He said that
there ndu nut Dttii 1iiii' ShONb'a - Pr
pare the papers, and that while his as
sociate, Mr. Smith, had gotten brief
ready, he had not been able to do so. He
spoke of the litigation as of a kind that
ought to be given the most careful at
tention and argued that the court would
not have the time to consider 1t as it
should win lhe wplN INV ~ ,, ,,' 4
~ -. 80 - ear-raaobi,e, in,nortapce IN
~ ,so,,,,Io o,,d tho stata hfrriedlv
Tta ottornevs for Mr. GRAY then an.
,,o,,nced that thew would RELY upon the
,,,orl1iro Of the statute which. Mr.. Cole
man thought gave the right to have the
.ubn,iss,on IN The dav set.
SneaIsing for the court, after a short
deliberation. Acting Chief Justice Haral-
son said II was the Judgment of the court
that the case be continued, ruling that
it was properly before the tribunal, but
there was not time, with the other pre-
ferred cases to give the cause such at
tention as it should have. Besides it was
shown by the attorneys for the railroad
that they were not able to get ready
and ought to have more time.
o., u.lai.
The supreme court mas feNerseu the
decision OF the lower couIt sentencing d.
d. Glass 10 the pehi.eiielaiS ~, llteen
years lor tne nun u Az I,,
erloru III ths eoui',s -. anu ia'iN
l5eusole were iiiuioeeu III Hills .,,1 ..la
ne ieNeisai 10 IN ~ - r ~
certain ~ 81 " the July nun