The Montgomery advertiser., 1906-03-28
SAYS GRAY
 IS SORDID |. &N. Answers Charges Made in Court. LENGTHY REPLY IS FILED South and North Has Been Fairly
 Operated. Te Dust Company From Its ControI Would Greatly Inconvenience the People and Stockholders
 of Corporation.

The answer Of the Louisville and Nashville Rsilroad Company to the recent opinion of Judge A D. Sayre, in the quo warranto proceedings in- stituted by Henry R. Gray of Birming- ham and other stockholders of the South and North Railroad of Alabama. to oust the former railway company from the management of the latter was filed in the civil division of the City Court yesterday.
 Tn this reply. the defendant company makes direct charges to the effect that Henry B. Gray. representing the plain tiffs. has been urging the case, not through any wish to benefit the peo- lTis of Alabama, but through purely selfish and sordid motives. The object of the prosecution, the reply states, Is that Gray had hoped thereby to coerce the Louisville and Nashville into mak- ing an adjustment or compromise, to his own advantage, and to the dis advantage, of tho railroad company, He commenced tne same'' (iegal proceedings) states the reply, land preseveres in the prosecution thereof. not for the purpose of doing any good to the State of Alabama. or to the citizens thereof, but for his own selfish purposes; one of which Is to- aid him in embarrassing the defendant in the
 
 Of railroad, and as the defendant is i'm formed, and believes, and therefore states, to thereby coerce the defendant to make an adjustment or compromise Of the litigation between them to his advantage and to the disadvantage of the defendant.
 And the said defendant therefore ayers that this suit Is not prosecuted TOT the purpose Of remedying a public wrong or of enforcing a public right, or in the interest Of the State of Ala eama or of its citizens. but for the sordtd and selfish purposes of the re- lator, as aforesaid
 GiSt of Judge's opinien.
 The opinion of Judge Sayre in inc quo warranto proceedings was rendered several weeks ago. Readers of The Advertiser will remember that It's gen eral tenor was adverse t0 the conten- n- ton Of the Louisville and Nashville and favorable toward the plaintiff ihe ground upon which the Judge based his opinion was that the Louis vllle ana Nashville Railroad Company and the South and North Company ex- ceeded their powers under the Iaws of the State of Alabama, when they made the contract by which the former road mas been operating the latter. Tn his opinion, Judge Sayre gave the defend- ant in the case opportunity to amend It's pleadings on or before March IT and later this date, by agreement of the opposing attorneys. was extended to March 27
 owing to the importance which at- taches to the case the reply of the de- fendant has been awaited with consid- eraoIe interest Not only will the out come of the case affect the two roads concerned in the litigation, but the point of law on which the argument hinges, will apply with equal force to the greatest railroad interests in the State of Alabama.
 The reply of the Louisville and Nash Vile was filed early yesterday morning Tn form 1t was merely an additional section to- the argument previously nled in the quo warranto proceedings Dealing principally with the same sr- guments as those contained in the for mer plea, 1t included, however. the charge against Henry B. Gray. the prosecutor in the proceedings against the company, and put in stronger light the position of the company and its past connection with the South and North