The Montgomery advertiser., 1906-12-04

 ARE FINED FOR CONTEMPT Capt. Dinrnick and Post master Dimlnick Assessed $50 ON RAILROAD CONTROVERSY
 Fine Administered by Chancellor W. |. Parhs. lilvioIatIon of An Injunction Is Alleged. Captain Dimnsick says Advice of Counsel Was | followed.

Captain J. W. Dimmick, clerk of the United States Court. and his son Jo- seph r. Dimmick. postmaster at Mont gGmery were held in contempt of the Chancery Court ofMontEomery County yesterday by Chancellor ". L. Parks and a fine of $50 was imposed on each of them. with instructions to the Sher- in of Montgomery County to imprison them on failure to pay the fine within one day after notice of the decree. Mo- tiee was served on Captain Dimmick and Postmaster Dinmiek at il o'clock yesterday morning. aHd ftey imr1ie- diately paid the fines to the Register in Chancery.
 The contempt proceedings grew out of the controversy over the busting of M. c. Stokes from the management of the Alabama Central Railway, short line extending nine miles from Booth s Station to AutaugavilIe About three weeks ago M. c. Stokes filed bill of ce empIAint In the Chancery Court, pray ing for an injunction restraining Cap tain Dimnick, Joseph F, Dfmmick or Albert F. Wilson from interfering with him. in the discharge of his duties as general manager. Mir. Stokes had been busted at a meeting of the stockholders several days previous Chancellor Parks granted temporary injunction.
 On November 24. the case was argued before the Chancellor in the office of South Perry Street lawyer on mo- tions to dismiss the bill and to dissolve the injunction, interposed by the re- srondents.
 At the same time counsel for M. c. Stokes submitted a counter motion to rave Captain Dimmick and his son ad- judged in contempt for certain alleged violations of the injunction.
 Chancellor Parks took the various phases Of the case under advisenIent, and his first decree in the matter, was received at the Registers office yester- day morning. This is the decree which held Captain Dimmick and Postmaster Dimmick in contempt. It Is dated De- cenlber 1, and was sent to Montgomery by the Chancellor from his home in Troy. The decree Is as follows:
 "This cause comes before me on the motion of the complainant to adjudge the defendants J. W. Dimmick and Joseph P. Dimmielx guilty of contempt of this court for a violation of the in- junction heretofore Issued in this cause in the respect set forth in said nation.
 Upon consideration of the evidence submitted by the parties, the court is of the opinion that said defendants are guilty of such violation as alleged.
 Tt is therefore ordered, adjudged and decreed by the court that the de- fendants J. w. nimrnick and Joseph P. Dimmick are guilty, each of them, of a eodtompt of this court in viola ting said injunction and the said de- feudants each pay to the Register of this court a fine of $50.
 'It is further ordered. adjudged and decreed that unless said J. w. Djmmck and Joseph P. Dimmick pay to the Reg ister said sum of $50 each within one day after notice of this decree that they be committed by the Sheriff of Mont gOmery County to the jail of said coun- ty until this order is compiled with.
 "The Register will forthwith give mo- tice of this decree to each of said de- fehdants.
 Dated this the 1st day of December, 1906.
 "W. l.. Parks,
 chancellor
 It was difficult last night to ascertain the precise grounds on which it was claimed by counsel for M. c. Stokes, that Captain Dimmick and his son acted in contempt of the courts intune- ton.
 Counsel for the Dimmicks' were out of the city and 1t was understood from parties concerned on this side that the opposing counsel claimed the contempt on three grounds. two of which only could be recalled at the time. One of t4le grounds, it seems, was the alleGa- tions that Joseph P. Dimmick. treas urer, had instructed certain monies, re- ceived by an employe of the road, not to be turned over to Stokes or anyone else. The other ground, 1t seems. was that the corporation had elected a secretary since the institution of the Injunction.
 'The course we have taken" said Captain Dimmick last night. was ta- ken on advice of counsel for the pro- tection of the property of the corpora ton. We cannot see how such course can be construed as contempt"
 Counsel for Stokes said last nlghi that the motion to have Captain Dim mick and his son adjudged in contempt Has made on several grounds of alleged violations of the injunction, one being that they had refused to deliver tc Stokes certain books of the Alabamf Central Railway.
 Chancellor Parks has rendered no de cree on the merits of the ease. 1t i expected that Captain Dimmick and M son will file counter action, but. owini to the absence of their counsel iron fba citv information regarding thi