The Montgomery advertiser., 1907-08-24
ISL. AND N.
 NEGOTIATING Rumor to That Effect
 is Circulated. REPORT LACKS CONFIRMATION Judge Jones Sends Open Letter to
 Judge Miller. Expresses His Appreciation of Charge To Grand Jury in State court. order to solicitors Return
 able Today.

Is the Louisville apd Nashville now considering voluntarily taking the ac- tion that the State has been trying in vain to make it take--put the re- duced passenger and freight rates in effect, pending final determination of the present litigation?
 Such. in brief, was the report that was in the air yesterday. And while there were few who placed credence in It to full extent. there were those, about the Capitol in particular. who believed that the rumor was based on fact.
 The rumor. however. Is hardly in keeping with the we'll known character of President Smith.
 The rumor. which could be traced to nowhere in particular, was to the ef- feet that President Milton H. smith of the Louisville and Nashville had indicated a disposition to treat with the State authorities with regard to the railroad laws enacted by the Leg islature, now restrained by order of the United States court
 Governor Conner being out of the city, 1t was not possible to see him. Attorney General Garber said he could say nothing of the report with ref erence to MT. Smith and the Louisville and Nashville. He indicated so much satisfaction with the outlook, however, that he IS planning to get away Mon- day for his vacation.
 Judge Jones yesterday wrote an open letter to Judge Miller of the State Cir cult Court, who charged his grand jury earlier in the week that the railroad laws had been suspended by a court of competent Jurisdiction, and were there- fore not in force. That being the case, the charge proceeded. there could be no legal indictments returned for their violation
 The open letter of Judge Jones to Judge Miller is as follows:
 Montgomery Ala. Aug. 22, 1907. District Judges Chambers. United
 States Court, homas G. Jones,
 Judge.
 States Court, Tohmas c. Jones.
 Centreville. Bibb County, Ala.
 My Dear Judge:-No one who knows your ability and patriotism doubted you would hold that 1t was an improper thing to induce a grand jury of one court to attempt to get a decision upon an indictment. as to the rightful exer- else of property right, when that iden- tical question was pending in another court of competent Jurisdiction, which, therefore. had the exclusive province to decide every other question relating to the matter.
 'No one can contemplate without pain any effort of local authorities to indict and treat as malefactors num- bers of our good people, who earn a livelihood in the service of transpor- tation companies. merely as a means of unlawfully settling question right ly pending elsewhere, and in the utter disregard of the protection of writs which a court of high authority has thrown around them. and must enforce.
 Your declaration from the bench, at this time, is a conspicuous service to the cause of good government In be- half of the court over which I have the honor to preside, and all that it stands for in the present issue. I thank you.
 When took the judicial oath. asked the Chief Justice of my State to administer 1t. stating publicly to the little gathering In the court room, that my motive was to testify, in that for