The Montgomery advertiser., 1907-09-07
ARE READY FOR TAKING PROOF All Preliminaries Over
 in Big Gases. WILL REQUIRE MANY MONTHS Big Task Ahead of Federal Court
 in Railroad Suits. Indeanite as to when Hearing of Evil dence VIII Begin, But at Least
 Not Until oc-

HS @1Sb OL tA8 answers DY the attOr- neys or the State to the bill of com plaint filed in the Federal Court last spring to restrain the operation of the states reduced freight and passenger rate laws, were filed this week, and if would seem that, unless further delays are fnterposed that are not looked for. in the form of delaying motions or de- murrers by the State, the taking of evidence upon the main points at issue should begin within short ime.
 But none of all those interested. as attorneys or officials, seems to know just when the taking of testimony will begin. Many of the attorneys at the present time are away from their of- hces, taking their summer vacations. and others are busy on other matters, and are not paying close attention, just at this time, to the railroad liti- gation.
 Attorney General Garber. who has just returned from his annual vaca- tion, did not know, when he was seen regarding the matter. just when evil dence might be taken. He did not think 1t would be possible to get to 1t before some time in October.
 The preliminary steps, 1t would seem, have now all been taken. The jrelirn- mary intunctions in the cases of the eleven railroads which began actions
 
 1-2 cent passenger act, the law fixing the maximum rates on no commodi- ties common to commerce, the enact ment which fixed the rate existing Jan- tary i, 1907, as the maximum rate on other articles of commerce, and vari- ous other acts passed last winter by the Legislature have all been granted. and are now in effect.
 Consequently, 1t would seem there Sh IA nA4hfno fx. ha NF ho immediate taking of testimony. unless some dilatory steps are interposed hereafter. But it Is impossible to tell when there is a prospect of the proof being taken, upon which the court might decide whether or not to issue a permanent injunction. to replace the preliminary one heretofore issued.
 Could Be Begun Soon.
 The hearing of evidence in some of the cases might be begun. should the attorneys choose, within very few days--a week at the outside-but 1t is entirely improbable that 1t will ac. tually commence for many weeks. and perhaps months.
 Attorney General Garber has not yet decided when the proof will be taken. and will only be able to give this mat ter his attention when he has disposed of the routine matters in his otdce. He stated that 1t would be some time in October, probably, beforek the proofs will be taken, as a number of the at- torneys interested in the eases are away on their vacations. or on business.
 During the absence of the Attorney General there was nothing in ms or Zee bearing on the railroad cases. They have been consistently silent and there will be little more to hear from them before October 1.
 The process of taking the testimony is expected to consume 8 great deal of time. There are numberless raminca- tions of the issues involved upon which proof must be taken. Upon that proof will depend the value of the road. the agRregate income the actual cost or operation which is proper to be charged to intra-state business. the proportion of inc Indebtedness of the road that is not chargeable to the interstate busi- ness. and numerous other points.
 IJnon their decision will finally rest the decision as to whether the rates fixed by the new laws are reasonable or unreasonabIe-wheth they are confiscatory or not
 And there are eleven of the roads ln- terested in the various suits. The same ground must be gone over in regard to sach' hut there will be- of course. enough diversity to make it requisite that the testimony should be taken in regard to all Where one road might he losing, under the showing to be made. another might be making.
 WiIl Take Many Months.
 It is not believed, by those in posi- tion to know, that the actual nearing of witnesses, unless some sort or compromise arrangement can be made whereby all the attorneys for the va rious roads. and those representing the state would agree to let the evidence in regard to one of the railroad ines apply. so far as the decision Is con oerned, to all of them, can possibly DC nonIeted short of i've or six months.
 Meanwhile a great deal of interest IS betns manifested in the outcome of the defiance by Judge Vert, of the Nor gan County Law and Equity Court, or inc Federal injunctions, as indicated ny his charge to his grand jury few days ago ii is not believed that he Will nsrs,st in his course of ignoring the Federal authority. - .,.A
 It is pointed out by attorneys with court practice. and the United states statutes. that heavy penalties nav be inflicted upon any one who might interfere with the injunction Issued by United States Judge Jones.
 Conspiracy to deprive any one Of any rirht secured to him by the United l.. A