The Montgomery advertiser., 1907-11-28

bills were brought to Judge Jones at
 his chambers In the Federal Building. President Smith Here.
 Tesident Milton H Smith of the
 Louisville and Nashville was In Mont
 gomery yesterday as he has been prac-
 ticaily since the extra session of the
 Legislature convened. In the city also were General Counsel HtL Stone of Louisville, District Attorney George w. Jones of Montgomery. District Attor- | ney Gregory l.. Smith of Mobile. As- sistant District Attorney J. Manly
 Foster of Montgomery. and Special
 Attorney Sidney T. Bowie of Birming-
 ham. It is now known that they have
 been busy several days in the care
 ful work of drawing the bills. which are general review of the antf-rail-
 road legislation and an argument in
 support of the contentious of the roads
 Judge S. D. weakiey. of counsel for
 the State in the pending litigation. was
 also here yesterday Horace String fellow and Attorney General A. N.
 Garber. who are also attorneys for the State, were in the city. These gentle-
 men did not discuss the bills filed or the issuance of the restraining order by Judge Jones. They did not venture
 any prediction as to what the course
 of the State would be. Governor Co.,
 mer was out of the city. taking a
 short rest. Colonel Garber said he would today examine, the bills and call conference of the States attorneys. The representatives of the State have certainly been expecting such ac- tfon as was taken yesterday by the railroads. Everybody at all familiar with the controversy has been expect ing 1t. But the future course of the State in reference to the restraining order Is pot known. Text of Order.
 The text of one of the restraining orders issued by Judge Jones and which can serve as a fair example of the others is printed in full on page three of The Advertiser.
 At the office of Major R. E. Steiner, Attorney Poore of the firm of .Joline, Rankin and Rothburn. of New York. with which Former Senator Spooner is connected. and which represents the Central Trust Company gave out the following statement covering the
 status of the litigation and the posi- ton of the Trust Company and the Central of Georgia. "A bill of complaint was filed this afternoon by the firm of Joline. Lar
 kin and Rathbone. of New York, with which former United States Senator J. c. Spooner is associated as counsel, and Mir Hugh Nelson of Montgomery, Alabama. on behalf of the Central Trust Company of New York. as Trus-
 tee of the second preference income mortgage of the Central of Georgia Railway Company. The defendants to tue suit are the Central of Georgia Railway Company. it's ticket agents and conductors in the State of Alabama,
 and various solicitors. clerks and sheriffs of the counties through which the ines of road O. the Railroad Com pany pass in Alabama.
 ''The object of the bill is to enjoin thee enforcement of the laws passed at
 the recent session of the Legislature of Alabama.
 "The bill. after setting up that the complaint is the trustee of the second preference income mortgage of the Central of Georgia Railway Company, continues by alleging in detail the Legislation enacted by the Legislature of Alabama. at it's first session of 1907 It then alleges that on the 18th of March. 1907, after the enactment of the laws passed at its first session of 1907, the Central of Georgia Railway Com pany instituted an action in the United States Circuit Court for the Middle Dis trict of Alabama, against the mem- bers of the Alabama Railroad Commis-
 sion, and A. M. Garber. the Attorney
 General. to enjoin the enforcement of the passenger rate act and the com modify rate act, passed by the Legisla- ture. and that an injunction was there after issued, enjoining the enforce
 ment of the rates prescribed in those
 acts. during the pendenov of the suit "The bill filed by the Central Trust Company then alleges that on the sth
 of October, special. session of the Legislature of Alabama was called by the Governor It is alleged that this special session was called for the pur- pose of passing such legislation as
 would defeat he jurisdiction of the
 United States Court in the action
 brought by the Central of Georgia
 Railway Company, and in order to pass scheme of laws to prevent the Rail-
 road Company from bringing suit in Federal Court to test the consritu-
 tionality of the rate laws in question.
 Quotes From Proclamation.
 'The bill quotes from the procIama-
 tion of the Governor. and from the
 message transmitted by him to the legislature, with view of substantial ing the allegation that the new legisla-
 tion was to be enacted for the purpose of depriving the United States Court
 of it's Jurisdiction of the matter in
 hand. The hill alleges that at the same time. that the Central of Georgia Railway Company filed It's bill to en- join the enforcement of the acts in QucstiVHs anu that sifIfiIaT DlliS were filed by eleven other railroads operat- ing In the State of Alabama, and that all of the said eleven roads, with the exception of the Louisville and Nash ville. South and North Alabama Rail- way. the Western Railway of Alabama, the Nashville. Chattanooga and St Louis, and Central of Georgia Railway Company, were coerced into putting into affect the rates which had been enjoined and suspended by the Federal Court, by the action of Governor Conner and by the experience of the Southern Railway and Atlantic Coast Line In the State of North Carolina. where both of said railroads were forced by the criminal prosecution and arrest of their agents. to put into ef- feet the rates which had been enjoin- ed by the Federal Court
 "The bill alleges that by reason of
 the scheme to repeal the laws enacted
 by the Legislature of Alabama at it's
 first session and blythe enactment of
 the legislation recently passed at the
 special session of the Legislature. talk ing from the Railroad Commission and Attorney General. the power to en-
 force the rates prescribed by statute
 1t Is matter of grave doubt as to
 whether or not the Central of Georgia
 Railway Company will be able to maintain the bill now pending. if be-
 ing the contention of the defendants
 named in said bill that the cause of action has been taken away by the new laws. It Is alleged thSt should such contention prevail, the defendant. the Central of Georgia Railway Com