The Montgomery advertiser., 1907-08-23
ANSWERS FILED
EIGHTEEN COUNTY OFFICERS oB-
 JECT TO, INJUNCTION
Filed i'm Federal Court by Solicitors And sherfffs of

Eighteen additional objections to the Enlargement of the Louisville and Nash vile and South and North Railroad in- functions were filed yesterday in the office of the clerk of the United States Court by sheriffs. solicitors and deputy solicitors of counties and circuits traversed by these railroads.
 They are all precisely like the first objection filed by Solicitor Dent of Montgomery county "wednesday and they are all made out on typewriter forms sent out from the Governors office.
 All object to expanded injunction issued by Judge Jones restraining in- terference by sheriff solicitors and assistant solicitors. with the Louisville and Nashville Railroad and the South and North Railroad for not complying with the two and a half cent passenger | rate law and the 110 commodity freight rate law.
 Those who filed objections yesterday were: W. T. Seibels, deputy solicitor | of Montgomery county; Sheriff s. s. I Belser. of Montgomery county; Charles Hall. deputy solicitor of Baldwin county; w. c. LeGrand, Sheriff of l Calhoun county; W. c. TunstalI, IT,, solicitor of Calhoun county: Borden Burr solicitor of the seventh judicial circuit; l.. IT. Brassell, solicitor of the | city court of Andalusia; John D. Leigh, solicitor of Escambia county; Marion 1 H. Sims, solicitor of the city court of Talladega; Robert H, Mangum, deputy | solicitor of Dallas county; D. D. Askew, solicitor of the fifteenth judicial cir I cult; W. R. Middleton, sheriff of Taila- l dega county; John s. Catts, sheriff of l Chiffon couAty; J. W. Weldon. sheriff | of Elmore county; Joe A. Chambliss. | sheriff of Autauga county: Frank | Cazalas, Jr sheriff of Mobile county; | Y " NI,a aF nfy . | A. J. Casey, sheriff of Cullman county. | The following is the form for these | objections sent out by the governor: South and North --abama Railroad | Company. Complainant, vs Railroad l Commission of Alabama and others, l Defendants.
 'Tn the Circuit Court Of the United
 states for the Middle District of Ala bama.-In Equity. | Comes - Sheriff of - Co.,. Ala, and in respon~n to the notice to him to | show cause on August 24th. 1907. against the granting of the motion of complainant to extend the injunction pendente lite. in conformity to the Dill of complaint, as Issued August 14th, 1907, in this cause. says that he objects to and resists said extension. in so far I as he is concerned, because:
 "(1) There Is no equity in the bill In so far as the same seeks relief against him.
 "(2) It would be & violation of the constitution and statutes of the United
 States to grant the. injunction prayed
 for against him, or to extend said in-
 junction as prayed for, to him.
 "(3) It would be a violation of the Eleventh Amendment of the Constitu-
 ton of the United States and also of
 section fifteen of the Constitution of Alabama to maintain the bill as amend
 ed against him or to extend the in-
 Junction to him as prayed for. since
 the bill amended. In so far as he Is
 made a defendant thereto, is, under It's
 averments, in reality suit against
 the State of Alabama.
 "(4) The court has no Jurisdiction
 to restrain criminal prosecution In the
 name of the State of Alabama, as the
 amended bill seeks to do.
 "(5) This defendant is not special
 ly charged by the State of Alabama
 or by its stctutes with the execution
 of or with the performance of any
 special duty with reference to the
 several statutes, concerning railroad
 freight and passenger rates in the
 amended bill. referred to. and hence he
 is not a proper defendant to said
 amended bill,"