The Montgomery advertiser., 1907-08-16


 of Alabama.
 "Complainant further shows to your bill of cognplaint by adding just before the prayer of the bills the following Paragraph 2T:
 Rates Are Suspended. tf
 Complainant further shows to your honor that in and by an order in said cause by this Honorable Court, made on the 3oth day of March, 1907, the rates prescribed by the several acts of the Legislature of tlfe State of Ala bama, complained of in the bill of com plaint in this cause have been suspend ed; that is to say the rates prescribed by an act approved March 2, 1907, en- titled An Act to fix and establish max imum rates to be charged by rail- roads now operating or which may hereafter operate as common carriers in whole or in part in the State of Alabama for the transportation, orig mating and terminating within the State, of certain articles, and for this purpose to classify said articles and said railroads; and by an Act approved February 14 1s07 entitled An Act to prescribe and regulate passenger rates on all railroads, other than street railrodas. carrying pas sengers Between points within the State of Alabama and by an Act of the State of Alabama approved Feb- ruary 9, 1907, entitled, An Act to make the railroad rates of freight in force: January 1, 1907, for the transportation, originating and terminating within this State, the maximum rates; said order further restrains and enjoins the orig inal defendants in this cause from en-' forcing the observance of said sey- eral rates prescribed by said several statutes, and to that end restraints and enjoins the Railroad Commission of Alabama, Charles Henderson. President; William D. Nesbitt and John G. Har- ris, Associate members of the Railroad | Commission. and each of them sepa- rately and individually, from putting into effect the maximum or other rates | upon passengers. prescribed and au- thorized by said Act of the Legisla- | ture of Alabama. approved February | 14, 1907, and from putting into effect | the maximum or other rates prescribed and authorized by said Act of the Leg | islature of Alabama, approved March 2, 1907, and from putting into force and effect the maximum or other rates | prescribed by the Act of the Legisla- | ture of Alabama, approved February g, 1907, so far as said rates or any of | them so prescribed and authorized re- ' late to the complainants railroad or any part thereof within the State of 1 Alabama, and from ordering, recom- mending. instituting or bringing or causing to be instituted or brought, | through Alex M. Garber, Attorney Gen. l eral of the State of Alabama, or through any attorney or attorneys em- ployed or appointed by themselves or any of them, or by any officer of the State of Alabama, or through any per- son or persons whomsoever, any civil action or proceeding Of any nature or kind whatever, or prosecution by indictment or otherwise against the complainant or any of it's officers, agents or employees, Tor damages. penalties or fines or for any cause: whatsoever, for failure to continue in force or effect complain ants tariffs or rates of January l, 1907, or for charging. demanding or receiving for the transportation of freight over eomplainant's railroad more than the tariff rates of freight in force upon complainants railroad on January 1, 1907, and also from putt ting into force and effect upon any of said lines of railroad of complainant in Alabama the passenger tariffs or rates prescribed in said act, approved February IA. 1907. and also from put ting into force and effect the classi- fication Of freight and schedules of rates prescribed or authorized in said act of March ?, 1907, and also from in- stituting or bringing, or causing to be
 
 or in equity against complainant, or any officer. agent or empIoye of the complainant to put m fore cor effect, complainant to put in force or effect, act, approved February 9, 1907, or of the said act. approved February IA, 1907, or said act, approved March 2, 1907. and also from instituting or bringing, or causing 70 be instituted or brought any suit or proceedings, either at law or in equity, civil or criminal against complainant or any of It's officers, agents or employees, for failing to observe any of the tariffs or rates prescribed or authorized by said acts, or either of them. or for charg- ing more for passengers or freight transported than is provided or au- thorized by said actsNor either of them, and also from instituting or bring ing or causing to be instituted or brought, any suit or proceedings, eith- CT at law or in equity, civil C.. crim- inal, for penalties, or otherwise, against complainant or any officer, agent pr employe of the complainant, for having increased its freight charges prior to March 25, 1907, above the maximum of its schedule of freight charges of January l, 1907. And in and by said order this honor able court further restrained and en- joined the original defendant, Alex H. IdrpeI, attorney general TOT the state 6f Alabama, and each and every attor- ney at law, that may be employed or appointed by said Railroad Commis- sion of Alabama, or by Charles Hem derson, president, or William D. Nes- | bitt and John G. Harris, associate | railroad commissioners of Alabama, or | either of them. or by any other officer | of the State of Alabama, and all other | individuals, persons and corporations | were thereby enjoined ana restrained | from instituting or prosecuting against or any or its officers, | agents or employees, any action or pro- ages, penalties or fines, or for any cause of action whatever for failure to continue or put into force or effect on any of the lines of complainant in any of said tariffs, passen- ger or freight, or for charging, demand ing or receiving for transportation of passengers or freight more than the rate or rates prescribed in said sew eral acts of the Legislature of Ala any of them, Or for continuing l in the conduct of it's business in tho of passengers and freight between points in the State of Alabama, notwithstanding the bringing by the complainant of this suit In this court It Is the purpose and intention of His Excellency, Braxton B. Conner, the Governor of the State of Alabama. to cause said order Of this honorable court to be frustrated ana rendered in- effectual. by requiring and instructing IA