The Montgomery advertiser., 1907-08-17
GRAY INTERVIEWED
l.. AND N. SITUATION CAUSING
 LIVELY INTEREST.
Thinks Action of Judge Jones Is Very Far-Reaching in Effect and De- serves to Be Con-
 i1emned.

resulted in the issuance of blanket injunction by Judge Thomas G. Jones of the Federal Court, prohibiting the officials of the State from attempting to enforce the railroad regulation laws passed at the last session of the Legis- lature.
 w. D. Nesbitt, Associate Railroad Commissioner, and one of the conserva- tive officials of the State. does not hes itate to say that the action of the l.. and N. deserves the severest kind of condemnation and will result in in-. jury not to the State alone, but to the road as we'll. Mir. Nesbitt says that from the railroads standpoint is a new game of heads I win; tails, you lose" with the road. as the people of the State are compelled to pay the freight and cost of the present litiga- tion will be assessed by the road to the ''cost of doing business in Ala bama."
 The Announcement of the action of Judge Thomas c. Jones in issuing the blanket injunction by Lieutenant Governor Henry B. aray is the sub 1eet of much talk. A rumor prevailed this morning that Lieutenant Govern or Gray had been arrested on a bench warrant gotten out by Judge Jones. There was nothing in the ruHnor. The opinion was expressed that personal trouble may follow.
 MT. Gray, when seen this morning said:
 No, have said about all care to say at the present time. While I have not seen Governor Conner and do not know what position he takes in the matter, I felt that as an individual had the right to raise my voice against what think was most far7reaching action. If a Federal Judge has the right to sit in chambers and issue an injunction of this kind, then judge could be summoned to Alabama at any time and the laws of Alabama practi- calIy set aside at will. In my opinion, Judge Jones's action was the most far reaching in its effect and deserves to be condemned" The marshal and deputy marshal for the Northern District of Alabama are still serving the papers In the case. Several of the officials were out of the city and these are being served just as quickly as the men can be reached. Mir. Nesbitts statement in full was as follows:
 .'The position of opposition to and defiance of regulation by the State which Is assumed by the Louisville and Nashville Railroad Company will prove injurious to all interests and in the end l extremely costly to the Louisville and Nashville Railroad.
 'aThe proposed reduction in rates by the State from existing tariffs is less | on the Louisville and Nashville than possibly any other road in the state, while on account of their great trelsht l tonnage and passenger travel they are more able to stand reductions than any other line.
 Tt is a notorious fact that former lv the Louisville and Nashville issued more free transportation than any oth- CT road in Alabama, so that the state in denying free transportation has added largely to their revenues. Tn spite of these facts they refuse to yield obedience or even. jurisdiction to the state in the matter of reduction of 'erhey go further and. except where 1 1t entirely suits their ideas, refuse to 1 obey the reasonable requirements of | the State in the matter of furnishing depot facilities. In 1908 the legislature passed an act requiring the roads en- | tering Mobile to build an adequate 1 passenger station. Did the Louisville | and Nashville meet this requirement? l Not at all The other roads entering Mobile did comply with the law, while the Louisville and Nashville did no- l thing until the present railroad com mission undertook to enforce the law, | when an injunction was promptly | granted through the federal court re- | lievlng them of the duties to the State and their customers which other rail-
 roads were willingly performing. The management of this line ap- | parently assumes that they alone are competent to judge what are correct relations in the matters in which they | and the citizens of this state are joint | ly interested. Though the courts of
 this State are open to them for their
 protection, they attempt to enJoin all
 action on the part of the state, while l continuing to collect excessive passen- gre and freight taxes from our citi-
 gems. The excessive revenues thus de- | rived are used in paying lawyers to
 defeat the States requirements, so
 that through his policy the citizens
 are made to pay the costs on both sides
 of the litigation, no matter who finally
 wins. A nice game of Tails win,
 heads you lose.' It is a remarkable
 fact that the cost of the legal depart
 ment off the Louisville and Nashville
 is almost a. much as its superintend-
 ence of transportation. Both of these
 items are charged to the cost of doing
 business in Alabama
 q feel perfectly confident that the
 officers of Alabama will, in the dis
 charge of their duties. be able to fi-
 nally compel this powerful offender to yield obedience to laws which are
 made to be respected by strong and weak, rich and poor, alike.
 Tn the meantime the citizens and
 shippers of the State should remember
 that other lines of railroad probably less able than the Louisville and Nash
 vile have in good faith undertaken
 as citizens of Alabama, to yield obe-
 dience to her laws The should be giv- | en every considerat Jn."
 Lieutenant Governor Gray's state
 ment last night was as follows
 q do not think that Judge Busteed
 in the dark days of reconstruction
 ever issued so drastic an order as the
 one which emanated from Judge Jones
 yesterday
 Tt is to be regretted that the Louis
 vile and Nashville railroad, which was
 so prominent in the fight fin Kentucky,
 which resulted in the assassination of
 Governor GoebeL should have the pow
 CT in Alabama to have such an order Issued
 T do not believe the people of Ala
 bama will submit to the assufnacy of
 power on the part of a judge who holds a lifetime position and who l feels that he is responsible to neither
 God nor man for his actions
 1 "As to what Governor Conner will
 do have no idea, but I do not believe
 he can be bullied or bulldozed into !