The Montgomery advertiser., 1907-06-04

rage. and car service, set out in said | paragraph, are correctly set out there graph they say; that said provisions of said Act while they may be onerous to complainant constitute proper, regula- tions by the Legislature of the state of Alabama of the conduct of its bus mess as common carrier therein; and they deny that they will increase the compiainant except. in and by the vio- iations by complainant of said provis- ions: and they deny that said Act can or should be considered in determin- of the said rates; fixed for the trans portation of passengers and freight
 Naata n ss s Stas ssd Acts ser the and they deny each and all the effects of said Act stated in said paragraph. Not Dependent on Interstate Rates.
 Twenty -Second-And for answer to paragraph twenty second of said bill they say; they deny each and all the averments and allegations thereof. and further answering said paragraph they say: that said rates fixed by said Acts, are solely for the transportation Of freight and passengers. from one other: that they are to no extent de- pendent. upon. or governed by the in- ser-s rates, of complainant. but are entirely independent of the same; and they aver that any effect of said rates, upon the inter state rates of complain ant Is purely indirect, and cannot nor
 should be considered in determiping the reAsonabieness or sufficiency ofkthe said rates fixed by said Acts or the validity of said >Acts either or any of them.
 answer to paragraph twenty third of
 said bill say; they admit that the.
 said paragraph are correctly stated therein; and they admit that the sus- pension of said rates by the institution of proceedings for such purpose, as pro-
 vided by the Legislature of said State, is the only adequate mode afforded
 complainant for asserting defence to the same.
 twenty y-fourth--And defendants for | answer to paragraph twenty fourth Of said bill say; they admit the or ganization of complainant corporation, and the amendments to it's charter as therein sttaed: they admit the compli- anee by complainant with the laws of the State of Alabama in reference l to foreign corporations engaging in business In this State, as stated in said paragraph and that Sections 1169 1170 l171 of the Code of Albama of 1896.
 and the provisions of the Act approved February 2Sth, 1903, to amend Chap l ter 96 of the Code are correctly set | forth therein; they admit the issuance | of the receipt and licenses to complain ant for tho operation of It's divlslons 1 and branches for one year as stated in
 said paragraphs and Exhibits L-1 to l 1-12 inclusive: but theytdeny that the l paying of said li3ense tax and the issu
 ance of saids1icehses. constituted con tract between the State of Alabama
 carry on its said business for and dur | ing the period of one year ending May 1 31st. 1907. without being subjected to any greater burdens. orliabilities or re- force at the time of the granting of the same; they admit that the Legisla ture of the State of Alabama passed I an Act approved March 9th, 1901. pro- viding for the revocation of the license | of foreign corporation to engage in | business in said State. for the instltu-
 al Court or the removal by it to any Federal Court, of any suit or proceed | ing for any of the purposes of said Act,
 deny de tSat said Act or seetion ts st of 'fs ths
 Act approved February 23rd. 1907, to | create Railroad Commission. etc,
 impaired or was an attempt to impair | and the State of Alabama; and they
 aver that a suit to en5oin the same on
 said ground Is suit against the | either of said Acts Is violative of the | Constitution of the State. of Alabama; and they deny. that said Acts or either
 of, them. deprive complainant or such other foreign corporations, of their property or the legitimate use there | of. without due process of law, or deny
 laws, in violation of Section 1. Arti- | cle II of the Constitution of the Un- l ited States.
 Twenty -fifth--And for answer to
 paragraph twenty fifth of said bill.
 defendants say; they admit that the
 Legislature of Alabama provides for the suspension by the Courts of said | rates. pending proceeding to contest l the validity of said rates. as stated in said paragraph; and they admit that the provisions of Sections 37 and 43 of said Act ITO create Railroad Com mission. etc. are correctly set forth
 therein but they deny that said Acts
 tween complainant and the State of
 Alabama.
 Twenty -sixth--For answer to para
 graph twenty-six of said bill. they say;
 they admit that the provisions of the
 several Acts of the Legislature of
 Alabama set forth therein are cor
 rectly stated in said paragraph. And
 they admit that they would proceed to the achievements of said acts as there
 in provided if violated by complainant,
 but not otherwise; and they deny that they were threatening to enforce the
 same by ordering, recommending or pro- curing numerous suits to be institut- ed. or indictments to be found gaainst
 complainant. its officers, agents or employees; and they deny that obe- would be submission by 1t to having It's property taken without due process of law or to be deprived of the equal protection of the law.
 And having answered said bill, as by foot-note hereunder they were re- quired to answer the same, defendants pray to be hence dismissed without reasonable costs in this behalf ev- pended"