The Birmingham age-herald., 1907-09-05
JUDGE I. t, JONES
 GIVES AN OPINION
Explains Reasons for Granting
 the Injunction
ASKS FOR A RECEIVER
The American Express Company Files Suit Against Robert Nixon & Go. Tuesdays Storm Was
 Greatly Exaggerated.

MOutSOlueiAt september 4.-lSpecldl.)- In an opinion handed down today, Judge Thomas G. Jones holds that there is no way of settling the question of the right of the state to raise rates to what the roads claim as excess except by a court of equity.
 He also holds that the only way to get al the matter is to make a full nvestga- ton. To this end he has granted an in- junction restraining state and county off cers from prosecuting for violation of acts restrained in his court. holding that such violation under the circumstances is not such as to bring about d criminal deed. Not to grant the injunction he says would mean great inconvenience to not only domestic but interstate passengers and delay the mails. To refuse the in- functions would be to make possible ire parable injury, but may result in the ob- struetion of justice. The ruling in the case is on the application of the Louis vile and Nashville for an injunction h restrain sheriffs and solicitors as well as other officers
 Ask for Receiver.
 James s. Fargo and others. doing bus mess as the American Express company. has filed suit in the city court in equity against Robert Nixon X Co.,. com posed of Robert Nixon and John k. Tus- hill.
 The suit calls for the setting aside and declaring void the various assignments and transfers made by Robert Nixon in- dividualy and in the name of the Robert Nixon X Co. They also ask that d re- eeiNer be appointed to take charge of the property to dispose of or otherwise man age same in such manner as may seem best for the interests of all concerned
 The American Express company sets forth that on July F. 1go6. Robert Nixon X Co. drew draft for 16o pounds sterl- ing, made it payable 10 themselves and addressed to Robert Nixon X Co.,. Liver pool England. that on August 31 1906 another draft for loo pounds, ID shillings sterling was drawn thu same way anl indorsed to the order of l. Tasker. who afterwards indorsed it to the American Express company; that on September 4 lW6, there was another draft for go pounds 16 shllings, and that this was also indorsed to the American Express company.
 The Express company sets out several olHti uIdllS ana states mat IT their ma turity they were presented to Robert Nixon Co. for payment and that in each instance payment was refused. The Express company further sets forth that the total of the drafts, protest charges interest and expenses, aggregate as of date January 10, 1907, S4937. 17; that as the result of the sale of some goods the American Express company received Ss746O, leaving a balance due of s40l057 together with interest
 The bill further charges that the firm was put in bankruptcy without com- plaint having chance to provide for Its rights and further interests; that bills of lading were used that were not regu- lar nor backed with the goods.
 Storm Exaggerated.
 Ths reports of storm oyer the Chat tahoochee valley section of Georgia and Alabama yesterday are now said 10 be much exaggerated. Indications today are that there was no serious damage done and that at Ft Gaines, Ga, which was reported wiped off the map, Is still very much in existence. A direct message from that place states that the damage was light but there was a heavy rain and n strong wind.
 Conductor Smith of the Central of Geor- gia railroad, which runs through that sec
 
 Journal reporter that there was no es- pecial damage done, but there was heavy rain and wind.
 The conductor of the Atlantic Coast Line had the same report, having come from Dothan. He said that the rain was heavy, but there was no storm to speak of,
 The hot wave which prevailed over the south for about a week was enectually I.xr ha .uf nd hun Hnr torn The highest temperature here % degrees about noon, but it dropped con siderably within the next few hours, and fell to 6S during last night.
 The rain was preceded by quite a high wind. which raised a dense dust. The wind in Montgomery attained a maxi mum velocity of forty-four miles per hour from the northwest, but soon moderated. The total rainfall here was OPS inch. Severe thunderstorms and high winds were also reported at Birmingham. At lanta and New Orleans and probably oc- cured quite generally in Georgia, Ala bama, Mississippi and Louisiana,
 The storm did not reach a tornado ve- locity at any place.
 Names Trustees.
 The governor has announced the fol- lowing as trustees of the new normal school at Moundsville: W. L. Pratt. Gen. treville; N l.. Whitfield and F. M. FL liott. Moundsville; F. M. Jackson, Bir-