The Montgomery advertiser., 1907-11-28

The Louisville ana NasnVilie tSdi- road Company, the South and North Alabama Railroad Company and the Nashville, Chattanooga and St. Louis Railway each filed yesterday in the United States Circuit Court supplement tai hills in cases there already pend ing between these several railroads and the Railroad Commission of Alabama. The Louisville and Nashville Railroad Company and the South and North Ala bama Railroad Company. in addition to the previous additions to their respec- tive bills, have made the clerks of the several Circuit and City Courts parties to their bills, and have also made. par ties to their bills several shippers and persons who are in the habit of trav- cling upon their roads, and who have threatened to sue them for forfeftures authorized by the recent acts of the Legfslature to be recovered against railroads for violating the freight rate acts.
 The Nashville. Chattanooga and St. Louis Railway has, in addition to the defendants to their original bill, made the solicitors whose duty it Is to prose cute misdemeanors in the several coun ties through which, it's road runs, and the clerks of the several Circuit and City Courts, and of the courts in which misdeuneanors are prosecuted, and the sheriffs of such counties. and certain persons who are in the habit of ship ping and traveiing upon it's road, and who have likewise threatened to sue it for forfeitures--parties defendant to their supplemental bill.
 Each of these railroads has obtained an order from the court approaching and suspending the option of the eight new freight rate acts, commonly called the Group Acts. but which are spoken of in the bills of complaint as the conn modity acts and extending the injunc- tion heretofore granted against the Railroad Commission restraining it from reducing the rates in force. upon each of the several roads that nled sup piemental bills. on the dates when the several original bills were filed.
 Injunction Extended.
 The Louisville and Nashville Railroad Company and the South and North Ala bama Railroad Company have obtained extensions of the injunction against the solicitors and sheriffs. and have ob- tafned new restraining order against the clerks. by which the solicitors are restrained from prosecuting the off, cers, agents and employees of the rail- roads for violating any of the new acts, forming part of the rate system and providing for penalties and punish ments for the violation thereof and en- joining the clerks from receiving or filing any suits to recover forfeitures on account of such violations, or from issuing any process thereon. or placing such process in the hands of the sher- if. or any other officer for the purpose of serving the same. and enjofiling the sherfh from receiving, serving or re- turning any such process. also enjoin- ing the clerks from receiving or filing any affidavits, complaints or indict- ments against any of the agents, off, cers or servants of such railroads. or issuing any warrant or other process thereon. or placing such warrant or other process in the hands of the sher- if or other officer for service, and on- joining the sheriff from receiving. serv- ing or returning any such process.
 New Bills Attacked.
 The several supplemental bills at- tack the freight rate bills upon the grounds that they are merely amenda- tory of the previous freight rate bill adopted at the regular session, and make no special change in the sub- 1ect matter over which the United states Court already had Jurisdiction, and in addition to that upon the ground that they so classify the rail
 road companies as to make them un- just. arbitrary and discriminatory. Charge Discrimination.
 It is pointed out by the bill that some of the railroads, that were par ties to the agreement of settlement
 with the Governor. whose earnings per mile greatly exceed certain other rail- roads, who did not make such settle ment with the Governor, are placed in a lower class than such other roads and allowed to charge greater rate | of freight; for instance, the Alabama | Great Southern Railway, which was | one of the parties to the agreement with the Governor, earned for the l fiscal year ending June 30, 1906, $l3,- | 320.91 per mile, and yet 1t Is placed | in the third class and allowed to | charge 20 per cent higher rates on the | same articles of freight for the same | distance than the Louisville and Nash | vile Railroad Company is allowed to | charge, although the earnings of the | Louisville and Nashville Railroad Com | pany. exclusive of the South and North Alabama Railroad Company. for the | same period, was only $7.S79.7S per mile, andN20 per cent more than the | Atlantic Coast Line, which Is also
 placed in the first class, and whose | earnings are less than that of the | Louisville and Nashville Railroad Com | pany.
 | The Southern Railway Company's l earnings upon its entire line are | greater than the earnings of the At | lantic Coast Line. and yet 1t Is also
 placed in the third class, and allowed | to charge 20 per cent more than tho rates which the Atlantic Coast Line Is | permitted to charge. The freight rate | bills and also the acts Of the Legisla> | ture which authorizes the Railroad l Commissioners to fix rates for the transportation of passengers or freight