The Montgomery advertiser., 1907-05-09


that matter Is this-my position Tor
| the Southern Railway is this. here
| is a bill filed, and we got restraining
| order on that bill We have given
| formal notice for a motion for an IN
| terlocutory injunction this morning
| Now we come up and the interlocutory
| Injunction is granted. That Is the AT
| torney General said If your Honor was
| disposed to grant the interlocutoiy IN
! junction in the terms of the restrain
| ing order, the counsel for the state
did not propose TO offer any resistance.
Now suppose nothing else Is said IN
| this order that 1t simply says that
| the motion for an introductory IN
| junction came on to be heard and II IS
| ordered. considered and adjudged, etc
THAT might give an opportunity TO
counsel on the other side of appealing
from this interlocutory order
| Mr.. weakley-We have no intention
of doing so.
Judge Humphrey-And all we want
| Is to have counsel on the other side
to say that they have so such inten-
ton.
Judge, weakley-we have no such
| intention.
Judge Humphrey-That is satisfac-
tory. and we shall strike this out.
| The Court want TO say inns W
counsel for the State. These bills.
| most Of them, set up state of facts,
| after going into the details about the
cost of the road, the cost of doing busi-
| ness, the remuneration and all that,
that if the rates complained or are
| enforced it either amounts to con5is-
cation or deprives them of reasonable
return for the use of their property.
Now, there is not thing before the
court that disputes that. Under that
state OF facts and the repeated decis-
ions of the Supreme Court. this court
has no option but to grant the pre-
liminary injunction; but IL the court
is wrong about that,--and courts err
as well as other human Institutions
IL it has not Jurisdictions or If this is
not a proper case for It's exercise, or
anything of that sort, the court will
| be very glad to hear 1t.
| VIII Uphold the New Rates.
| Judge Walker: l have just stated in
behalf of the state in reference to that
matter. that we propose in this court
| to make an issue of fact on those al
legations that your honor has just sum
married.. and we propose to litigate
those questions of fact, in other words,
| our answer will be that these rates ara
reasonable and proper, and such as were
| competent for the State to provide.
In reference to the other matter as to
made. some provisional clause in refer
| ence to a future APPLICATION, we respect
| fully suggest that no such application
| being made now, and counsel not stat
ing anything more than the possibility
in the future that such an application
| may be made. there is no necessity or
propriety in determining that question,
even to the extent of putting in the
| clause that is suggested by counsel l
submit that that really Is a question
| that we should not cross the river on
until we get to it.
| But Is to these rates. thai were in
force at the time of the Ming of the bill
| that were no raises of rates and the
propositio now is to make a raise I'M
| der the order or protection of the
| court, the question suggests itself to
us that that would be a question prac-
| tcally of the court making rates. and
we do not desire. when the question Is
not presented, to have embodied in this
| order and recognition by the court of
the right of the compla inant to come in
| here and practically get the consent or
| permission of the court to MIKE rate
! satisfactory to the court That Is
very different proposition from that
| presented as to the rates in existence
| at the time of the fling Of the bill and
| on the statement of counsel. there is
| no necessity of the court giving recog-
milton to that until the question is pre-
! scented is a practical question TO be pass
ed on by the court ARD the failure of
the court to say anything about that
| certainly does not prejudice these gen
tlemen, and we do not desire that the
court In the order II makes now shall
anticipate that what Is now a moot
| question may become a practical ques-
! ton in the further progress of the
cases, and to avoid any semhlance or
anything of that kind, w think the
proper course in reference to that mat
ter Is to saw nothing about II; to have
the court not take up the question of
! whether in the future n &C tain kind or
| apnIication can be made, when no such
application Is made now. and the gentle
| man suggests possibly ii may never be.
he failure of the court to take any
notice of that possibility of some such
application being made In the tuture,
cannot prejudice ANYBODY The court
embodyinr that suggestion in its or
der might he In the attitude of de-
Gliding that If they can show that the
raise is made 1t is competent FOR the
con- to apprvc that raise ana pracu-
calIy make tho rate. and that IS Sc
| rious question If It is presented; ana
we do not desire to he put in the att
tude hy the rccopd of meeting it until
the counsel is in position to come IN
and make formal application to- the
court.
Humphrey Wants Wore h'sh''
Judge Humphrey--If 1t pieas" the
court, have not been enilghten'H
from anything that Judg" Walker mas
said as to how this in any way Injuries
the defendant The facts are these
The Southern Railway gave rotice for
mallv served on tbo Railroad Com
mission that it would at past date.
POSTPONED. until this date. move the