The Montgomery advertiser., 1906-06-17
TO CHECK MIR. GRAY
l.. . N. FILES PETITION WITH sU-
 PREME COURT.
High Tribunal Asked To Consider Its Appeal Az superseding Custer Decree Issued By Judge
 Sayre.

A move designed to check the contempt proceedings against the Louisville and Nashville Railroad Company, instituted by Henry B. Gray in the Montgomery City Court June IA. was made by the attorneys for the railroad company yes terday.
 In petition to the Supreme Court, that body Is asked to consider the ap- peal now pending before 1t from the custer decree of May 16. rendered against the company by Judge A. D. Sayre of the Montgomery City Court. as superseding the action of the city court. In the event that the Supreme Court holds otherwise than prayed. the petition further asks that prohibi- ton be issued, to prevent further action in the contempt proceedings, pending the opinion of the Supreme Court on the custer appeal,
 Tuesday, June 1s, was set as the date for arguments on the petition, and mo- tification of the same was sent to Phares Coleman and s. H. Dent. Jr., counsel for MT. Gray.
 The petition of yesterday, is the di- rect result of the contempt proceed ings. which, in turn. grew out of the decree of Judge Sayre. by which the Louisville and Nashville Railroad was busted from its control of the South and North Alabama Railroad. Imme- diately upon the rendering of the de- cree, Walter L. Moore, with MT. Gray a. minority stockholders of the South and North, filed in the City Court in Equity, a petition praying for the ap- pointment by the court of a receiver for the road This petition was filed on the contention by the Gray interests that the custer decree was effective as soon as made, and that the South and North was and is, legally. without manage ment The petition of MT. Moore which called for immediate action, was not allowed at the time. June 23 being set as the date for the hearing of argu- ments on 1t.
 Continuing the contention, however that the Louisville and Nashville. since the custer decree, has been operatine tte South and North. without legal authority, the attorneys for MT. Gray on June 14, instituted proceedings o1 contempt in the Montgomery City Court charging a disregard on tho part of the road of Judge Sayre's de- cree. The court was also prayed IT these proceedings, to require P. Sic Jones. District Passenger Agent, of tht Louisville and Nashville, and T. Brooks, Superintendent of the Soutr and North Division, to appear in court June 23, and show cause why they should not be prosecuted for contempt in continuing to act as officers Of the South and North.
 When notice of an appeal was given by the attorneys of the railroad, after the custer decree. two supersedeas bonds of s10. 900 each were made by the company, to furnish security covering the costs of the opposing party on Friday of this week, another bond or like amount was furnished, and notih- cation was given by the railroad attor- news of willingness to furnish bona to any amount required in further pro- ceedings in the contempt proceedings.
 The action of yesterday was taken in anticipation of further attempts on the part of MT. Gray oh his attorneys. to press the contempt proceedings. The railroad holds, in It's petition. that the decree of custer does not supersede the appeal to the Supreme Court. If this view Is held by the higher bench. then the contempt proceedings, 1t Is con tended, will be ineffective. The prohibi- tion prayed for. to prevent further &C., ton in the contempt proceedings on the part of Mir. Grays lawyers, is intended to forestall the prosecution of that ac- ton in the lower court until the appeal from the custer dicision shal have been adjudicated by the higher court NO opinion will be rendered on this appeal before the November term.