The Montgomery advertiser., 1907-08-25
Objects to Opinion by
 Judge Jones. NO COUNSEL APPEAR FOR
 IRE COUNTY OFFICIALS No Disrespect to Court Intended,
 Explains Garber. Argument by Gregory L. Smith on Jurisdiction of Federal Court In Enlarged Injunction Proceed
 ings, and Temporary
 order is Continued.

Declaring that 1t wes futile for him or other attorneys to go into the Federal Court representing the solici- tors and sheriffs of the State, when the presiding judge, whom he paid high personal compliments and declared he meant absolutely no disrespect, had already pre- adged the case at issue, Attorney General Garber yesterday morning declined to appear for the county officials who were responding to the enlarged injunction obtained by the Louisville and Nashville Railroad, preventing any interference with it's operation of It's road.
 General Garber explained that his refusal, and that of the other attorneys for the State in this particular phase or tho railroad litigation was not meant as an affront or anything in the nature of disrespect to Judge Jones. But it was regarded by them as hopeless to attempt to make any showing on behalf of the solicitors and sheriffs, after the opinion rendered by Judge Jones, two or three days after the pre- nminary injunction was granted.
 After the withdrawal of the Attorney General Gregory M. Smith, of Mobile. counsel for the Louisville and Nash vile Railroad in the pending litigation argued as to the jurisdiction of the Federal Court to issue such an en- larged injunction, reaching the com clusion there was no question of the correctness of the position taken by the court During the argument. there was no attorney present in behalf or the solicitors or sheriffs.
 The court, after a recess until o'clock, rendered an opinion from the bench, declaring that the opinion of which Attorney Generar Garber com plained was only formal setting forth of the conclusions of the Court on the applications for preliminary restrain ing order That preliminary order was conttued in force. without formal order to that effect, until further orders of the court.
 Attorney General Garber did not ap- pear fin the court at all at the morning session until he was telephoned for. He withdrew immediately after his statement to the court He was not present at all at the afternoon ses- sion.
 During the afternoon. he gave out the following brief statement concern ing the proceedings:
 Concerning the hearing before Judge , Jones of the United States Court this morning, I want 1t distinctly under stood that when 1t becomes necessary. In the opinion of the State Administra- ton. for the Solicitors and Sheriffs to have States counsel to appear for them
  vision will be made to that end"
 Proceedings fin Detail.
 Following is a stenographic report of the proceedings of the Court during the morning:
 Judge Jores-This Is the hour ap, pointed for hearing the answers of the Solicitors and the Sheriffs as to wheth- CT a preliminary injunction shall issue on this amended bill filed by the Louis vile and Nashville and the South and North.
 Mir Gregory L. Smith-Is your Hon. or ready to proceed?
 Mir. Lee H. Weil--I only represent Mir. Dent, not the Solicitor generally and so far as MT. Dent is concerned I shall ask your Honor to let the mat ter go over until one day next week We do not desire to argue the matter orally, but want to submit brief. In the meantime we ask that the Court dc not take action in respect to MT. Dent MT. Dent had expected that Mir. Garber would represent him as well as all other Solicitors and Sheriffs cited to appear here, but Mir. Garber has in formed us and we just now found out that Mir. Garber does not care to rep resent MT. Dent or any other of the So- licitors or Sheriffs. That was a great surprise to us, and we do not know exactly what situation We are in, and we ask a few days in which to con slider the matter There can be no in- convenience It will not be necessary fer the attorneys on the other side to come back here when the matter is subynitted, as we do not care to argue the matter orally.
 The Court would like very much to have all these questions argued orally. I have asked for it time and again.
 MT. Weil-If the Court cares to hay, 1t argued orally, we will argue it oral ly instead of filing briefs.
 whe Court--As the Court has acted iH this case, owing to the importance oi 1t, and the fact that there was dis position at this time to try 1t out as well as in court, the Court has thought proper every time 1t rock step to give the reasons for it. and on the issuance of the restraining order the Court thought proper to state what was its then view, but it would have been glad to have heard argument on It. This Court has often granted rehearings.
 MT. Weil-This is the first time we have had an opportunity to argue il and we had thought that the State would be here to represent MT. Dent as well as the other solicitors. But they are not here to represent MT Dent, and. therefore, it is in the na- ture of a surprise to us and we would like to have few days in which tC prepare.
 The Court-The other gentlemen have not done the Court the kindnes: to send counsel at all.
 MT. We'll have nothing to do witl the other gentlemen. and 1t makes nc difference to me as to what steps tn, Court takes as to them.
 No Reflection Intended.
 Mir Garber-In view of what hal been said; after the telephone messag, I got in the office. I came down espe cially to assure the Court, as we'll al the presiding Judge, that the action O. the Attorney General and associat,