The Birmingham age-herald., 1907-12-03
Long Conference Held Here But Participants Decline
 to Talk of Plans
SPEEDY EXAMINATIONS
 DESIRED BY ALL CITIZENS
Several Have Already Expressed Will. ingness To Make the Sacrifice If State Intends To Violate
 Court Order.

1 vile and Nashville train.
 l With him were Alexander M Garber, attorney general of the state, and Hor-
 ace Stringfellow, prominently identified
 with the counsel of the state in the
 pending railroad litigation.
 While the governor and his counsel
 mapped out a course of procedure at talk and defense, until the first gun is fired no one will probably know the
 nature of its contents. From the satis- 1 if l expressions of the gentlemen in ques- | ton, however, and the look of determina- | ton resting on their countenances, the gun is loaded to the brim and its firing
 will be accompanied by a dense and far reaching roar.
 For several hours the governor was
 closeted with his counsel in Birmingham yesterday. In addition to the chief ex- ecutive, there were present Attorney
 general Garber, Horace Stringfellow of
 Montgomery, Judge Samuel D. Weakley, Ii. c. Selheimer and Capt. Frank S. White of Birmingham. The governor and | tha lawyers were formulating an an-
 swer to the recent injunction of the fed
 eral court rendering ineffective the laws of the state as passed by the legislature | in regular and extraordinary sessions.
 As is we'll known, this injunction, served | upon every official of the state, was | granted at the instance of the Louisville
 and Nashville and Central of Georgia
 railroads, with their allied lines and
 branches.
 All Decline To Talk. As was generally expected. after the | consultation it was announced that the | gentlemen had no official statement to | make concerning what was done, or what | was planned.
 | Governor Conner was seen at the Louis | vile and Nashville station last night. He stated that he was not ready to make | known the position of the state, or what action the state would take. As is re- 1 membered, on arriving in Birmingham | Saturday evening, the governor stated l that he would issue an interview over
 his signature in case he had time after l the consultation with the attorneys, He announced mot ready when seen last l night before his departure for Mont l gomery.
 Attorney General Garber, when asked l for statement, regretted keenly that
 he was not in position to grant the | request. Judge Samuel D. Weakley, | when asked for a statement last night 1 declared that he had not been author 1 ized to say anything.
 So the consultation has occurred. and | as far as the public is concerned the 1 plans of the state are as probematic as 1 they have ever been heretofore. The probable action of the state was the l principal topic of conversation on the l streets of Birmingham yesterday. As l the session concluded, those participating l ,s-re overwhelmed with questions, but | nothing of a definite nature could be l learned.
 Speedy Termination Desired. 1 That a rapid conclusion of the contro- 1 versy is desired by the state seems well | established While the return to the fed- l eral court will be made between Decem- | Der 15 and 20, according to the extension | of the time limit as granted by Judge | Jones. the exact date has not been agreed | ,,pon as vet. Judge Weakley is author 1 itv for that statement. It is considered l certain. however. that as soon as Gov | ernor Conner returns from Washington, l to which city he goes tomorrow morning, | the battle will be joined.
 As a result of that battle # will be | firmly established whether or not the fed eral court has authority to enjoin crimi- nal prosecution. It will be also determ- i ined whether or not the Louisville and | Nashville will be compelled to put the new rate laws of the state into effect. The outcome will also determine whether or l not the object of the two sessions or | the legislature this year has materialiZed. | It is generally believed that the state will arrive at a rapid settlement of the controversy through writs Of prohibition, inquirng into the authority of the fed | eral court to take it's present action, or | habeas corpus, gaining the release Of any officer of the law or citizen arrested for a11a in1a nf f0da iO- junction.
 Went over Whole Situation. It was nearly noon yesterday when the consultation was begun. The counsel re- viewed the situation in detail The &C., tions of the legislature in regular session
 were taken up. one by one. Then the discussion was upon the petition of the Louisville and Nashville to the federal court for an injunction, which was grant ed This action of the railroads prompted the governor to again call his legislature together, at which new laws were framed, with penalties attached which were thought strong enough to compel the railroads to obey without further contro- versy. Immediately after the adjourn ment of the extraordinary session, the railroads again sought and gained an in- junction. That is the situation today. The counsel realized that unless the state is able to enforce the laws of the ex- traordinary session. Governor Conner will not have advanced step in the reforma- tion of the rates of the Louisville and Nashville.
 After sizing up this situation, the coun- sel got down to work and formulated a plan by means of which the state will en- deavor to enforce it's laws. About 8 o'clock, after the session has lasted four hours there was an adjournment. Tho plan settled upon was not divulged. Gravity of Situation Realized. While nothing really serious is appre- hended, the gravity of the situation is fully realized. It is known that in case a test of the federal courts authority over matters appertaining to the government of Alabama is desired, there are men in Alabama willing to make the sacrifice. It was learned yesterday that one of the most prominent lawyers of Birmingham stated to the governor of Alabama that If he advised or suggested a man to bring up the issue could be easily found. Throughout the city in the afternoon the governor was assured of support and CO., operation and he returned to the scene of the conflict with a look of apprecia-
 ton and confidence.
 This morning the governor will attach
 his signature to several bills of a railroad nature pa assed at the extraordinary ses- sion. and which as yet have not been signed. In the afternoon he leaves for Washington. Returning toward the end of the week, he will make ready, and next