The Montgomery advertiser., 1907-08-15
IS TO BE PERMITTED TO
 OPERATE AS 1T SEES FIT
Attorneys for Road Ask Protection
 of Federal Court.
order En5oins sberins and solicitors from Interfering With Operation of the Road Under 11o Com modities or Two and One- Half Cent Passenger
 Fare Acts.

The Louisville and Nashville Raiiroao will not accede to the demands of Gov ernor Conner without fight.
 The light of the Louisville and Nash vile Railroad will be made in the Uni ted States Court for the Middle Dis trict of Alabama.
 Under recent utterances of Governor Conner of Alabama, this may result in clash between Federal and State au- fhorities.
 An injunction was last night secured by the Louisville and Nashville road. through it's chief counsel. Colonel H. L. Stone. restraining every sheriff from arresting and every Solicitor from in- dieting any employe of the Louisville and Nashville Railroad for violation of the law reducing freight rates on 11o commodities. or of the law reducing passenger rate to 1-2 cents per mile, until the constitutionaIity of these two laws is ruled on by the Federal Court. The restraining order was secured in an enlargement to the previous in- junction secured by the Louisville and Nashville restraining the enforcement of the two State laws in question. un- til their constitutionality could be de- rided.
 A show of hands Is thereby invited. 1tis an open challenge by the railroad eiiat the raiiroad believes that it has recourse to the courts of the United states, regardless of the opinion of Governor Conner. It means that the Louisville and Nashville Railroad will not yield to the demands of the Chief Executive of Alabama. until the United States court holds that the laws are valid under the Constitution of the United States.
 Throughout yesterday. 1t was in the air that the railroad was ready to open its batteries. From the action of the Southern, the Frisco ana the Alabama Great Southern roads in re- ducing their rates in accordance with the untested State laws. it was thought that probably all railroads would fol- low suit.
 Right to the Courts.
 The Louisville and Nashville, how ever. decided that the courts of the land existed for a purpose and one of those purposes was the testing of the validity of certain laws. and az an American company, existing under the laws and regulations of the United States. 1t had the right to appeal to the laws of the United States
 Several months ago, when the laws were first passed reducing the freight rates in Alabama on no commodities and the passenger rate in Alabama to 21-2 cents. an injunction was secured against the enforcement of these laws by the State, on the grounds that they were in violation of the Federal Con- stitution.
 The railroad in it's petition yesterday averred that the Governor has indica- ted in recent public utterances that without regard to this injunction he would order the solicitors of the vari- ous counties to indict and the sher- ifs to arrest any person violating the new rate laws or any portion of them.
 The road. in its petition for an en- Iarged injunction, sets out that the arrest of persons violating these laws would interfere with practically all trains, in that although these trains did much domestic business, practi cally all of them did an interstate business, and the enforcement of the Governors order would interfere with interstate commerce, the movement of the United States mails and would en- danger the lives of passengers.
 The road also set out that the Gov ernor had referred to the ''scallywag" tactics of the railroads in appealing to the protection of the United States court.
 The road asks that the State now show cause why a preliminary injunc- ton should not be issued against all ofa cars from interfering with the opera tIon of the railroad in the State of Alabama.
 granted last night by Judge Thomas c. Jones and the time for the filing of the States answer was fixed within the next ten days.
 should Not Be Forced.
 When seen at the Exchange Hotel last night Colonel Stone did not wish to go into the details of the enlarged injunction.
 "The Louisville and Nashville RaiI~ road wants to run it's own business in a perfectly legal manner. We be- lieve in observing the laws of both FState ana HAtlOit Dub we pelleNe that e should not be forced to observe
 WIS, whose validity is questioned, af-
 the enforcement of those laws has
 an temporarily strained by a per-
 stly competent court and we insist bn our right to appeal our cases to courts of competent Jurisdiction.
 we are seeking this enlarged in- function merely to keep from being nolested, until the courts rule on the questioned laws" ~ Al a conference held in BirminEs ,<fn several days ago, 1t was announced that Governor Conner and his lieuten- ants would see to 1t that the State Jaws were enforced, if 1t became ne-