The Montgomery advertiser., 1907-08-03
WOULD LIKELY MAINTAIN
 ALL ITS THROUGH TRAINS
Read May, However, Decide to
 Stand on Federal Injunction.
Claim Made for Secretary of State That Revocation of Railroad Charter
 Was Not Enjoined Under
 Particular statute Under  Which He Acted. a:

There is a possibility that the South ern Railway may accede to the de- mands of the State in the revocation of its charter.
 If the State demands that the South ern Railway shall not do any business in Alabama. the Southern Railway may decide to transact no business in Ala. bama.
 That was the consensus of opinion among the we'll informed in Montgom- cry yesterday. The Southern Railway has no attorney or onhcial representa- tive of the management in Montgom- cry, and there is no one in the city who is qualified to speak for them. but among those who have .follwoed the railroad litigation from its !ncsp- ton, and are conversant with every twist and turn of events up to the present time. it was regarded as quite likely that the course indicated might be adopted.
 There are. it is pointed out, but three things for the Southern to do. Aside from those three. there Is no course or policy that the railroad might adopt.
 The first is to stand back on its rights. and await action by the State or its officials. Whenever any arrests of It's agents might be made for pre- suming to transact any business for the Southern Railway when 1t has not. under the order of Secretary of State Julian, any charter to transact busi- ness in Alabama, citations could be sought from Judge Jones for the of- lending officials. bringing them into the Federal Court to show cause why they should not be punished for con- tempt of court.
 To follow this course would be. in effect, to stand upon the spirit of the injunction issued by Judge Jones. re- straining certain officials of the State from attempting to enforce certain of the anti-railroad laws enacted at the winter session of the Legislature.
 It is claimed on behalf of Secretary Julian that he is not bound. not being A party defendant to the injunction suits. by the order issued by Judge Jones, and that the specific one of the anti-railroad outlaw acts under which the action of the Secretary was taken was not included in the injunction is- sued by the Federal Court.
 Narrower Bin Not Included.
 The general outlaw act" passed by the Legislature. prohibits either the bringing of suit in the Federal courts, or the removal of an action started in the State courts to those of the United States. This act. among others, has been enjoined by a sweep ing order issued by Judge Thomas G. Jones of the United States Circuit Court
 But the action of the Secretary was taken under another outlaw act" known as Senate Bill No. S6. That is the bill which provides for the issuance of a license to a railroad corporation, and Section of that act provides. among other things, that the license of any railroad shall be revoked if 1t shall remove any suit instituted in the State courts to the Federal courts.
 This law has not been specifically enjoined. but the identical act, if done under another statute, has been en- joined. and 1t Is argued that the con- summation of forbidden act, no mat ter under what authority 1t may be done. is indirectly a violation of the spirit of the Federal injunction.
 Therefore. it would be possible for the. Southern Railway to take the po- ha hty " representative of the State would con- stitute violation of the injunction, and would be punishable as contempt of court The railway might. there- fore. take the position that there is nothing for it to do. until some overt act of interference is attempted by a representative of the State.
 Supplemental Injunction.
 Another course that the attorneys representing the Southern might fol- low would be to go into the Federal Court. file a supplemental bill. and ask for an injunction restraining the State. or any of its officers and employees, from taking any action whatsoever that would interfere with the manage ment of the road.
 Such action by the Southern would effectually dispose of any action ir furtherarce Of the revocation of its charter by Secretary of State Julian Meanwhile. however, such course would, unless the revocation order was set aside. leave the Southern op- erating in Alabama. nominally at least without a charter. As long as the road continued to operate, that might make no difference. but if it should be- come necessary to invoke the aid of 6 State court to enforce some contract or for any other purpose, the situation would be fraught with some entangling and embarrassing features.
 The third course possible for the railroad. and the only one which does not seem to lead toward almost endless litigation, would be for the Southern