The Montgomery advertiser., 1907-12-02
WILL DECIDE TODAY AS
 TO COURSE OF ACTION
Writ of Prohibition Directed at
 Judge Jones Talked Of.
Unitcd states Deputy MarshaIs Busy Serving Notice of Injunction-- Clash sBetween State and
 Federal omcers Nar-t
 rowly Averted.

will the attorneys for the State in the litigation pending before the Fed eral Court ask for a writ of prohibi- i, ton from the Supreme Court of the United States until the question of jn- risdiction can be determined2
 It is possible, perhaps probable. that this will be done. The attorneys meet Governor Conner in Birmingham today to hold conference and map out course. Attorney General A. M. Gar Der and. Horace Stringfellow went up last night to attend the conference.
 It is believed that one of two things will be determined at this conference. The first thing that may be done Is to decide to try the cases out in the Fed eral Court The second Is to ask for writ of prohibition directed to Judge Jones, and instructing him not to pro- ceed with the trial of the railroad cases until the question of jurisdiction < is determined. There may be some ob- jection to this plan, some obstacle not known by the layman, but 1t is known that this plan of procedure has been discussed by the attorneys for the State.
 The State has not yet formally con- ceded the Jurisdiction of the Federal Court in the pending litigation. The attorneys may determine to go to Washington and there make applica- tion before the Supreme Court for writ. prohibiting the trial of the cases until the Supreme Court itself should pass upon the jurisdiction. In the meanwhile the anti-railroad laws would be suspended. The action of Judge Jones would be continued. unless the higher court should interfere.
 No one is busy in the railroad con- troversy except the Deputy United States Marshals. They are hurrying over the State serving copies of the restraining order issued by Judge Thomas c, Jones. at the request of the railroads which are asking protection : from laws, alleged to be unconstitu- tionsi and confiscatory.
 The Governor is in Birmingham. He will meet the counsel for the State in the pending litigation there today and confer over the situation created by the railroads which filed supplemental bills asking a suspension of the acts passed by the special session of the Legislature. The restraining orders were made returnable today before Judge Jones. This was done because today is the regular order day in the Federal Court. It was not expected that the State would be ready with it's answer and there is no disposition to hurry the State in any way in the lit- igation. The action of the State in asking further time was expected.
 The request for further time was preferred by Attorney General A. M. Garber. The State will make it's answer on some day between Decem- Der IS and December 20. At the con- ference today some plan of action wifi be mapped out and the course of the State in the litigation will be an- nounced.
 The State has not yet gone into mer- 44u zf hA aNr1x Ia. When the cases first brought were on the eve of having testimony taken the special session of the Legislature was called and such laws were passed as were thought would remove the cases from the court and prevent other cases from being brought. But this failed, and the cases continued square ly before the court.
 Threatened to Arrest Deputy.
 It has developed that Special Deputy William Pulien, when he went to serve the papers in the case of the Central of Georgia, was threatened with arrest in Ozark. Of course if an arrest had been made this would have brought on a regrettable clash between the State and the Federal authorities. The off, cial who threatened the deputy with arrest thought better of the matter, however. and beyond expressing his opinion of the controversy (and his threat of arrest he did nothing.
 The deputy marshals serve the pa pers as quietly as possible. They enter into no discussion of the merits of the controversy. This is the general in- structions issued to all of them-not to discuss the case with which they have nothing to do. Their only duty Is to carry the papers and serve them in person to the people named in the or- der. They are not supposed to have any joint discussion over the issues in question and if any talking is done ii is to be done by the party receiving the notice. As a result of this policy the officers in the discharge of their duty have had no unpleasantness be- yond the talk of arrest at Ozark.
 The special United States deputies put on by United States Marshal Jud- kins are Calvin Thompson. of Macon County; W. l.. Chambless. H. c. Me- Rec. Alfred B. Co1quitt, O. k. Courtney William Pullen and J. P. Lacey oi Montgomery County.
 The Alabama issue is attracting a surprising amount of attention through. out the country. In New York espe ciaIly the interest Is manifested. Mosj of the New York papers have had edi- torials upon the question. The lead ing New York papers are printing long specials, outlining every move In tho case.
 The issue m Aldphind is HeIu 10 con tain one of the most important gov Arnmental problems now before thu country, the adjudication of contro versy. affecting the property rights oi a nonresident which may be threat ened by Legislation by State. Tn va rious States of the Union the issue il felt, but not so acutely as in Alabama
 "The issue is simply this" said Montgomery attorney in discussing 1t ''The Federal Court will not permit thu State to take the property of another State without due process'of law. The issue is not that a State can be sued il contradiction of its constitution. Il is that the State neither directly noi indirectly shall take the property of { citizen. The claim is not made tha the State can be sued. but the claim il made that the State can not by an! laws put it's hand into the pocket of citizen. The railroads are not trying t