The Montgomery advertiser., 1907-11-29
EXTRA DEPUTIES ARE
 SERVING THE NOTICES
Attorney General Garber and Judge Jones Hold Conference.
No Plan of Action Has Yet Been Planned by state's Lawyers, and 0nIy Time of Hearing as to Admission of New Plead-
 ings is Discussed.

With Governor Conner spending a wet Thanksgiving on his big, planta- tion in Barbour County, there was yesterday an armed truce in the legal warfare between the State adminis- tration and the railroads which were in litigation against the enforcement of the anti-railroad legislation of the special session of the Legislature.
 The only move made yesterday was made by Deputy United States Mar shals who went in the rain from town to town serving copies of the restrain ing orders on circuit clerks. solicitors. sheriffs and other persons named in the bills filed by the railroads.
 In Montgomery twelve extra depu- ties were sworn in for the special pur- pose of serving notices of the restrain ing order. In Birmingham and in Mo- s bile, extra deputies were sworn in to serve the notices in the territories of the Federal Court of the South and North Alabama Districts. It is per haps possible that before tonight every person named in the bills will be served with notice.
 Attorney General A. M. Garber yes- terday evening conferred with Judge Jones at his home on the corner of Hull and Adams Streets. At the conclusion of the interview Colonel Garber said:
 T discussed with Judge Jones the time and mode of hearing the new pIeadings in the railroad litigation. The first question to be decided Is whether the new bills should be allowed. If they are allowed they will become part of the original action, and in their al- lowance the original pleadings will be admitted. But it is first to be decided whether these new pleadings are to be al f0 Our conference was over the, question of time and mode for hearing to deter mine if the new pleadings should <be allowed.
 No Conference of Counsel. s Governor Conner is out of the city. have not held any conference with the other counsel of the State. | expect that after the return of the Governor a -sonference of the States counsel will be held and some course of action de- termined.
 'The bill filed by the Central Trust Company of New York. affecting the Interests of the Central of Georgia is new matter and in this different from the supplemental bills filed by the other roads. The Centrars bill. however is not returnable until December 1s."
 President Milton H. Smith of the Louisville and Nashville left last even Ing for his home in Louisville. He v. when the hearing on the order will be had. Colonel H. l.. Stone, Chief Counsel. left on an earlier train. Hon. Gregory L. Smith, District Attorney for the Louisville and Nashville at Mobile, who has been in the city as- sisting in the preparation for the fight before the court left last night for his home in Mobile. He and Colonel Stone will return Monday for the hear ing before Judge Jones'
 What VIII State Dor
 Now that the restraining order has been issued. what will the State do? Nobody knows.
 Attorney General A. M. Garber spent the larger part of his Thanksgiving Day in the Supreme Court library con sulting authorities, on the vexed ques- ton. He declined to admit that he was equipping himself for the new fight. He pleasantly refused to dis cuss the issuance of the restraining order, or the probable course the State would pursue.
 Judge s. D. Weakley of counsel for the State. returned to his home In Bir- mingham to spend Thanksgiving with his family.
 It is possible that the State may not fight the suits, entered in the Federal Courts. This is not authoritative. It is not even made with semi-authority.
 
 formed over the various phases of the legislation and it's accompanying liti- gation, think it possible that the State wilL Ldetermine not to contest the pro- ceedings.
 Perhaps this prediction is ventured because of the action of Attorney Gen. , eral Garber in refusing to appear in one of the railroad cases If the State should determine upon this course. its action would be based upon the propo- sition that the laws were valid and needed no defense. Such action would, however. be admission that Judgment would be rendered against the State in the pending litigation.
 Under ordinary circumstances if the defendant in such a proceeding failed to appear. judgment would be rendered by default. But this case is different. It not only affects property interests of great value. but 1t affects to a great degree the public and public policy.
 In view of this. 1t Is possible. per ask that testimony be given before any decree should be rendered. In such an event. the testimony would be as carefully taken as though the is- sues was being hotly contested.
 Possible Damage Suits.
 There is to be considered too, the possibility of some person entering damage suits or instituting prosecu- tions against railroad officials or em- ployes, notwithstanding the issuance of the restraining order. It is hardly thought that this will be done, but 1t is in the range of possibilities.
 The difficulties of instituting such a suit are apparent. The clerks have been enioined. The solicitors have been enjoined. and the sheriffs have been enjoineo. for the restraining or- der has the effect of an injunction ex- cept that 1t is temporary.
 With the sheriffs enjoined from serving papers. with the clerk enjoined from receiving papers in suit and with solicitors enjoined from instttut- ing or helping in any prosecutions 1t is believed that no thoughtful man would undertake to test the laws in opposition to the Jurisdiction of the Federal Court.
 In addition to all this the restrain