The Montgomery advertiser., 1907-12-04
INJUNCTION
 IS AMENDED Governor Signs: h. junction Follows. THREE NEW LAWS EFFECTIVE All of Railrsad Acts Are Now Ap- proved and Recorded. As Soon as Counsel for Roads Knew of Signing of Additional BiIis
 Petitions for Injunctions
 Were Filed. 4. .
THREE NEW LAWS EFFECTIVE

sI Shortly after Governor Conner sign ed three additional railroad bills yes- terday afternoon at o'clock making them immediately effective, the roads now contesting the constitutionality of these laws filed amendments in United States Court to their original petitions asking for fnjunctions against the en- forcement of these statutes.
 The appeal Is very much the same as that in the original bills, all being , just alike. In each instance reasons cited in the original bills are re- counted and made part of this amendment showing the unconstitu- ! tionality of the new acts signed by the Governor. e1F
 The petition effecting the Central of Georgia was filed by the Central Trust Company of New York. Judge Jones immediately signed a restraining or der in accord with the petition, order ing the State to show cause on Janu- ary why the injunctions should not be made permanent.
 The petition of the Central of Geor- gia by the Central Trust Company is in part as follows:
 The complainant, Central Trust Company of New York, comes and now, by way of supplemental bill to it's original bill of complaint herein, re- spectively shows unto the court: That since the filing of its original bin of complaint here. three acts. heretofore passed by the Legislature 1907 have beer approved by His Ex- cellency, Braxton B. Comet the Gov ernor of the State of Alabama, and have become laws:
 First--An Act approved Dec. 3, 1907, entitled An Act to authorize the re- <J t 1 has been elected from any regular passerger train on any railroad in this State for refusal to pay & greater Or higher rate of fare than that pre- scribed by statute.
 This Act provides that a person elected may recover such damages as the jury may assess, which action may be instituted at any time within ten years from the date of the accrual of the cause.
 Second--"An act approved Dec. 3, 1907, entitled An Act to prohibit rail- reads and other common carriers or tsrminai companies or other companies q persons controlling access to pas- senger trains from preventing access fo regular trains carrying passengers by the use of fences. etc.
 Section l provides that whenever Ia railroad company fails to keep for sale. or to sell on demand at any of
 
 scribed rates, 1t shall be unlawful for such company or any terminal com- l pany or any person controlling access 1 to passenger trains. to prevent pas- sengers from taking passage on trains
 Section 3 provides that every cor poration violating this act shall for felt to the State of Alabama not less than $200. nor more than $1.000 for each offense.
 "section provides that the agents of the company violating the act shall be guilty of misdemeanor and upon conviction fined not less than $100 nor more than $500.
 'Section 4 provides that a civil action to recover forfeitures may be brought Tn any county in which the company does business, at any time within ten years from the commission of the acts prohibited by Section l. This section, further provides that no suit for such forfeiture shall be instituted by the Railroad Commission, the At- .torney-General or Solicitor, but that any citizen of the State may institute and prosecute such suit in the name of the State of Alabama without his name appearing in the complaint, but such complaint shall be signed by the citizen instituting the suit, or for him and in his name by his agent thereun- to authorized in writing, and by the attorney said citizen may engage to represent the State as plaintiff" One- half of the amount recovered fin sucli forfeiture suits shall be paid to the person bringing the suit and the other half to the State. It Is further pro- vded that "such suit instituted by any citizen shall be and be deemed to be a suit by the State of Alabama against such common carrier or railroad cor. poration.'
 'Third--An Act approved December 3, An, of fn mi lka niI corporations and other common car- riers liable in damages to passengers or persons desiring to become passen- gers for refusing to carry such persons between points in this State at which regular stops are made, etc.
 "Section 1 of this Act provides that any person who desires in good faith to become a passenger and is refused transportation at the rate of fare pre- scribed by either statute, or by the Commission, may maintain an action for damages against said railroad com mon carrier, and recover such damages as the jury may assess at any time within ten years and in any County in which the railroad does business or in any county through which the passen- ger would have been carried to reach his destination.
 "Section provides that the act of any person acting on behalf of the company within the scope of his em- ployment and refusing such transpor- tation shall be the act of the railroad company.
 "Section 3 provides that the refusal of the railroad company to sell per son a ticket at stations where tickets are kept for sale at the prescribed rate shall be prima facie evidence of refusal to carry and 1t shall not be necessary for such person to tender tho exact amount of fare due for such transpor- tation. An excess charge made by an employe through inadvertence or mis- take shall not be construed as a re- fusal within the meaning of Section of the act.
 'aThe two last acts both provide in Identical language. as follows:
 "It shall be no defense to any such shit to recover such forfeiture that a temporarY restraining order or tn1unc tfon pendente lite has been granted or Issued which undertakes to enJoin or delay the enforcement of the rates pre- acribed by statute, or any of them or the rates established by the Railroad Commission, or any of them, or the statute or order prescribing such rates. or that the common carrier or railroad corporation has been enjoined or re- stained by such temporary restraining order or injunction pendente lite from putting in force such statutory rates or charges established by the said hail- road Commission, or the statute pre- ecribing such rates. at the suit Of any
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