The Birmingham age-herald., 1907-11-30

S. Fowler, John R. Dyke, w. r. Van- diver, R. M. Henderson. H. F. vandiver, and R. M. Vandiver, composing the firm of w. F. Vandiver & Co.,, the West-Ste- gall Grain and Milling Company Ga cor poration), B. l. Dahlberg, O. C. Maner, J. D. Brooks, and Horace Hood, are made defendants, and prayed, among other things, that certain rates in said bill of complaint mentioned and referred to be superseded and suspended, and for an iil- junction pendente lite against the defend- ants hereinabove specificall ynamed, and against the deputy or deputies of the de- fendants who are clerks of courts in the counties through which complainant's road, or part thereof, is operated, and against all other persons acting for or in their stead. or on their behalf or by their procurement, or that of either of them, as clerk or clerks aforesaid, and against all other shippers or consignees of freight and all other passengers and all other persons similarly situated, and of the same classes, respectively, or other wise be granted:
 Upon motion of complainant, the 2d day of December. 1907, at F o'clock NJ, is fixed for the hearing of said motion at the court room in Montgomery, of this, the United States Circuit Court for the Md dle District of Alabama.
 Upon further motion of complainant. and upon it's being made to appear to the court that irreparable injury will be- caused complainant before the hearing of said motion for a supersedeas and sus- pension of said rates and for said writ of injunction, unless the said rates are forthwith superseded and suspended, and said injunction granted: It is now or dered that the several rates fixed by the eight acts of the Legislature of Alabama, approved November 2s, 1907, each en- titled alike, except as to the number Of the group mentioned therein, and which title except as to such number for which a blank is left, reads as follows: An act to fix and establish the maximum rate to be charged by railroads now operated, or which may hereafter be operated as common carriers, in whole or in part in the state of Alabama for the transporta- ton, originating and terminating within the state of certain articles, or commodi- ties to be known as Group No. -, and for this purpose to classify said rail- roads" be and the same are hereby su- perseded and suspended until said mo- ton for supersedeas and suspension of rates pendente lite, and for the injunc-I tion of like kind can be heard and deter mined and until the further order of this court. eral new defendants hereinabove named be enjoined and restrained, as prayed for in said bill of complaint until complain ants said motion for an injunction pen dente lite against them can be heard and determined.
 This order shall remain in force until the determination of complainants mo- ton for supersedeas and suspension of the rates hereinabove mentioned, and of complainant's motion for an injunction pendente lite.
 Let copy of this order be served upon each of the above specifically named de- fendants, and a copy thereof be pub lished in a newspaper published in each county through which any portion of complainant's railroad is operated, pro- vided, however, that the failure to maks such publication in any county or coun- ties, because no newspaper is thereinI published, or because such newspaper re- I fuses upon reasonable terms, to publish the same, or otherwise, shall not, in any manner, affect the validity or effect of this restraining order.
 This 27th day of November, 1907.
 THOS. G. JONES. 11-2S-tf Judge U. s. Court.