The Montgomery advertiser., 1907-05-09
STATE CONSENTS
TO INJUNCTION

and the Nashville, Chattanooga and St.
Louis.
Gregory l.. Smith, counsel for the
Louisville and Nashville, offered some
amendments to the original bill
showing changes in rates. Certain
amendments in regard to the Seaboard
Air Line were also filed by John p.
Tillman.
The full proceedings of the day. fol-
lowing the formal opening of the court,
with the statements of the court and
attorneys, are as follows:
The Court--Before taking up the mat
ter set for today. l think 1t proper to
announce to counsel that owing to the
Importance of these cases to the par
ties and to the public, the court has
cleared the docket in order that coun-
sci may present such questions, or any
questions, they may desire to present,
and they may take all the time that
they wish in their arguments.
The first matter set for this nornin &
Is the rule to show cause why a pre-
liminary injunction should not be
granted on the several bills.
Amendment to Bill.
Mr.. Gregory l.. Smith, your hon
or please, before we enter strictly up
on that. SO far as the South and North
Railroad Company, and the Louisville
and Nashville Railroad Company are
concerned. 4 want leave to make lit
tie amendment. There are some objec-
tions to the allegations of the bill In
both those cases as to the rates we
had increased. that We had not spec
flied, them. We have furnished the
State with list of the rates as they
have been increased, and we desire
to file an amendment in both cases,
setting out those items. so that coun-
sci for the State will be fully inform
ed in regard to them Then in regard
to the South and North. in filling up
the figures to correspond with the
facts, there were some clerical errors
In two instances, and the amendments
in regard to that would the correction
of those clerical errors.
The Court-You can take an order
allowing the amendment.
Mr.. Smith-we will file them. Then
in the case of the South and North the
bonded Indebtedness is stated in the
bill as $9.500.000 when 1t should have
been $1,000 900. and we would like TO
make that correction on the face of the
bill.
The Court-You can make that
amendment.
Mr.. Tillman-If your honor please In
the case of the Seaboard and in that
of the Atlanta and Birmingham Air
Line Railway, I have proposed an
amendment In each case, which I will
hand to counsel. Tt does not affect
materially the merits of the case. 1T
simply eliminates certain questions. and
! would like for an order at the proper
time before the question of Injunction
is taken up. allowing those amend
ments. I have submitted them to coun-
sci on the other side. Also. 1 believe
they were served with notice of the
bill of the ST. Louis and San Fran
cisco.
Mr.. weakley-A copy of that bill
was sent me.
Mr.. Tillman-we will take that mat
ter up.
The Couft-wouId 1t not save trou-
BILE to allow the amendment to be filed
now pro forma. and If there be objec-
ton that can come un afterwards.
Mr.. Tillman-I would be glad to do
So I don't think there will be any
other amendment from any other coun-
sell I have not seen 1t.
Mr. Weakley-This is simply a re-
statement of the figures.
Mr. Tillman-No, sir. You will no.
tice on a closer examination that 1t is
an elimination of certain averments
of the bill.
Mr.. weakley-I did not have the bill
before me to compare. Judge Parker
wrote me it was correction and
change of the prayer of the bill.
Mr. Garber-If there Is any other
amendment to be made. we would like
to know II now, so that we can take
them all I'D together.
The Court don't know as to that.
If there are any amendments notice
should he given.
Judge walker-If the court please