The Birmingham age-herald., 1906-06-16
JOINT DEBATE TALK
 HEARD AT CAPITAL
Opinions Differ as to Strength
 of Candidates
THE L. & N. LITIGATION
Case Is Not Ended, as the Gray Forces Still Claim to Have Some Strong Cards Up Their
 Sleeves.

Montgomery June 15.-(Special.)-There was the most intense interest in the capital city yesterday over the joint de- bate between Dr. R. M. Cunningham and B. B. Conner. rival candidates for the democratic nomination for governor. pull ed off at Selma last night. and today the general conversation has run to the sub ject of their contest. Many Montgomery people were there and as a rule they seem to think the larger part of the crowd was for Cunningham, though each side tried to make more fuss than the other. Since Dr. Cunningham began what Mir. Conner has joklngly called his second race for the nomination, he has aroused his friends to renewed effort in his behalf. | For some time they did not take any in- terest in the race, waiting until he made the initial move for activity. Now that he is covering the ground his followers are beginning to do some shouting and the noise of it is heard everywhere he goes.
 careful observer of events is bound
 
 ing friends every day. Whether he will overcome what seemed a good lead by 1 Mir Conner some weeks ago Is question none can answer His friends agree that his fight is in North Alabama. He has a large strength that is developing all the l time in South Alabama and the Black Belt section, but is finding it rather less to l liking Mir Comers friends in this section claim that he is as strong as ever and that the renewed activity of his opponent will not have any appreciable effect on his ma 1 jority.
 There can be no doubt however. that | the doctor has made some rapid strides | in the last few weeks. Men from the Wire Grass aver that he is going to carry much of that section, which is filled all most wholly by white voters. This is also a part of the state where conservatism is strongest and 1t Is pretty well conceded that men of this school will follow the | Ensley doctor though they are not fully in accord with either candidate
 The assertion of MT. Conner at Selma that the railroad commesson law is in- valid because of some legislative incon- sistencies is no new story at the capitol | record was not correct in showing it's legislative journey. but the suppositon has been that it was corrected by the of ficers of the general assembly within the time allowed by law for such rectifica- tions.
 L. & N. Litigation.
 The action of the supreme court in hold ing against Henry B. Gray in his ltiga- tion with the Louisville and Nashville railroad, growing out of his opposition to the proposed sale of the South and North railroad to the Louisville and Nashville: does not mean that there is not equity in the contention of Gray or prevent proceed 1 fngs by which he may ascertain lis rights in the premises. Neither does it relieve the injunction restraining the sale of tho | South and North to the Louisville and Nashville. It simply holds that the peti- tion for an accounting demanded by MT. Gray of the operations of the minor by | the major corporation, filed in tho chan cery court of Birmingham by South and | North directors on this demand may he heard in that court without interference by the city court of Montgomery, or by in- ference, any other court of like jursdic- tion.
 | As the case now stands the application | of the directors of the South and North in | the chancery court of Birmingham has | the right of way, and the headings may l | concerned. If, however Mir. Gray does not feel that his interests would get q fair | deal there he may intervene ard have | himself made party to the suit and | his lawyers may have a part in all the | proceedings. It is aiso T fact that the annual meeting of the South and North 1 will find the 31,274 shares of stock he'd by the Central Trust Sompany If New York, tied up by injunction.
 Road of Importance.
 The South and North railroad about 1 which this litigation has come up is one | of the best pieces of road in the south. It | runs between Decatur and Montgomery, 1 1S2. 67 miles, and operates besides the We l tumpka, the Hoageland, the Turkey Creek and the Stouts Mountain branches. which brings the total to 19SS5 miles. Of this mileage. 161. 20 is fully ballasted with 1 gravel or slag. and 19. .21 partly so. leaving only 2.16 of the main line without it. and l some portions of the branches. Of the 2.67 miles main line. 156.07 is laid with S0-pound steel and 266O with 70-pound | The branches as a rule, are lighter rail
 For the year ending June 90. 1905 the 1 tonnage forwarded was 1.10i 503 Of this 37,3S2 was cotton. 49.951 fruits and vege- tables and 240s22 lumber and timber. The | products of the furnaces and mines in the Birmingham run into enormous fg- ures, and there is good showings for cat tie and stock generally
 l In the report of the roads earnings and 1 cost. made at the end of the fiscal year | closing June % last year. 1t was shown | that the gross receipts were si, ,054, ,.99. .27 as compared to s3.Sl3225.3 the year be- fore, making the gain s241 .573 90. The ex- | penses were $33G3. .37S .94, compared to $3.- 16S, ,911 10, making the increase for the year l $134,467 .S4 Thus the net earnings for last year were $751 420. 8. compared to s5443i4.2l | the year before. an increase of $107, ,106 O6.
 It is shown in this statement that the cost of the road was s12,529. .161 .98 this | being for construction. Its capital stock is placed at s2.0O0O0O preferred, $1. .4S3 600 common. s925512 common unissued, making total of 8, ,492, ,S55 12. Its bonds aggregate s11 ,92O000. The per cent of expenses to earnings was S1.
 Stock Struggle.
 It Is shown that at the last meeting of the stockholders here last June there was 1867 shares of the holdings other than those of the Louisville and Nashville 1 represented Of these there were 1S0 an- tagonistic to the Louisville and Nashville. There were 4s owned by Henry E. Gray. | 122 owned by Gray but not allowed to vote because not shown present by cer- tifcate. by Lorenzo Semple. by Juda T. Moses and by Doak W. Sherrlll. Only | 5S of those could vote so that the strength | against the Louisville and Nashville at the meeting was 5s on the first vote and one of the holders having left 57 in the 1 latter vote on adopting the report of the | president.
 In his minority report from the com