The Montgomery advertiser., 1907-03-31
mission as provided for by the laws enacted by the Legislature.
 Judge Humphrey Makes Motion.

 mission as provided for by the laws enacted by the Legislature.
 Judge Humphrey Makes Motion.
 Judge A. B. Humphrey of Louisville presented a lengthy written motion for an order restraining the enforcement of the rate law until the hearing of the railroad petitions. praying for perma- nent injunction. could be taken up-
 If the 1-2 cent passenger rate bill and commodity rate bill are put into effect. 1t will cause loss of over s75.Oo0 per year to the Southern Rail- way on It's intrastate business, said Judge Humphrey. .'The earnings of the Southern Railway last year on the valuations fixed by the State in Ala bsma would be only a little over per cent on it's investment. The owners money with the impression. that they would receive protection from the State.''
 Judge Humphrey made a brilliant ar gument for the issuance of the re- straintng orders. He cited several fn- stances where precedents had already been established in this direction.
 The petitioners, at the conclusion of Judge Humphreys speech. announced that they would rest their contentious.
 State Attorneys Speak.
 Attorney General Garber. in behalf of the State, made the announcement that Judge wealxley and Judge Walk CT would present the contentious or the commonwealth.
 Judge Walker, in arguing for con- tinuance and resisting the motion for restraining order on the part of the railroads. said:
 'sThe attorneys for the State have only had five days notice. Some of us did not reach Montgomery until yesterday, It was late yesterday afternoon be- fore we even procured copies of the bills that are being tested. We have , held several conferences and hoped that we might be able to present our case. But frankly we have been un- able to make any preparations that would warrant us in advising with the court or offering any suggestions
 We ask for a continuance, not only on the petition for permanent injune- ton to stay the enforcement of the rate laws, but we ask that the mo- ton for the restraining order be con- tinued."
 The reading of the order by the learned counsel fo rthe Southern Rail way was the first information that had of its existence. Of course by the mere hearing of the order read I an not prepared to even tell what It con tains. But it does appear to me tha its contents are to practically abolist for the time being, the railroad com mission of Alabama. If understand its provision correctly. the commission is absolutely restrained from fixins any rates during the time the order fl in vogue.
 Assured Ne Moderation.
 Tn behalf of the administration. VI are authorized to assure the railroads that if the bearing is continued, tn. laws in question will remain statu quo. We are empowered to promise that no effort will be made to enforce any of the provisions of the acts unti the court finally determines the cause under consideration.
 ''The attorneys for the petitioners he declared have produced no evi- dence to show that the maximum rate bill should not be enforced. They have offered no proof to show that any oi the present rates are too low If any move should be made to enforce ths laws. then the court can forthwith and immediately issue the restraining or. ders."
 Former Chief Justice weakley wa, the next speaker for the State. Ht declared that the attorneys for tn, Commonwealth had been unable. owing to the very short time, to prepar, themselves to be competent to advis, with the court as to the merits of tn, bill.
 The State should not be required tt go into hearing of a motion of thu details of which, It's attorneys are no informed" argued Judge Weakley From hearing the motion read, an unable to know just what provisions are imposed upon the State
 Judge weaI<Iey Assures.
 we are authorised to assure thu petitioners that no move will be mad' to enforce the provisions of the actl in question until after the final hear ing comes up. We can give the as surance of the Governor and the othei oflcials that the state will not attemp to enforce the laws until the complain ants have had full time to presen their side of the question:"
 Attorney Smith for the railroad an swered the arguments of Judge Weak ley and Judge Walker and insisted that the petitioners, in connection witt the continuance, were entitled to b, protected by restraining order.
 50 far as we are concerned" ht said. I've are willing to accent tn, personal assurance of the distinguishet counsel for the State. But are we em powered to Insure our agents tha they will be protected from suit ant Imprisonment should any move b. made to enforce the provisions of tn, bills being tested, without protection of the courts "
 Tilt Between Attorneys.
 The only tilt between the attorney in the case occurred when Captain White interrupted Mir. Smiths argu ment on the maximum rate bill witt the question as to what prompted thu Louisville and Nashville to raise thei rates after the commodity bill ha, been framed.
 Did you raise the rates on infan industries because they were too low or because you anticipated that tn Legislature would lower certaI, ratesT' asked Captain White.
 We raised the rates.' answered Mir. Smith, because they were too