The Montgomery advertiser., 1907-03-26
CONTEND THEY ARE IN
 FIGHT FOR EXISTENCE
Seek to Restrain Officials From
 Recent Enaetments.
Acting Upon Their Representations, Judge Jones Issues Temporary Re- straining order Against Rail- road Communication and At-
 torney Gcneral--An-
 swers Saturday.

Fighting for their existence. contend ing for the right to live. according to their attorneys, the railroads of Ala bama yesterday filed bills in the Unit ed States Circuit Court of the Middle District of Alabama. before Judge Thomes G. Jones, praying for an in- function against the members of the Alabama Railroad Commission and the Attorney General of Alabama, forbid ding them to carry into effect the sys- tenn of railroad laws recently passed by the Alabama Legislature.
 The petitions for injunction inau- gurates perhaps, the most important litigation that the State of Alabama has ever had in all it's history. The re- suit of the bitter anti-raiIroad agi- tation for the past ten years, the ef- feet of the main work of the recent Legislature. the fate of possible leg isiation in other States, depend upon its adjudication.
 Millions of dollars hang upon the outcome O1 ltl6 PIO@CC0AhSS NA eA< = eral court. and upon their results de- pend the future policies of the State For many months. perhaps for years. the Legislation will be fought out in the courts of the State and the Ma tion.
 All railroads that operate in Alabans with the exception of the Mobile, Jack son & Kanaas City. and the seaboard Air Line. Hlsd petitions before 5adEs Jones. praying for the suspension of the drastic laws passed by the last Legislature. In these petitions 1t was averred that the rates for passenger and freight traffic fixed by the acts of the Legislature were unfair, unjust. arr bitrary and conhscatory of the prop erty of the defendant companies with out due process of law.
 It was further averred that under tn" laws as passed by the last Legislature the railroads were denied equality be- fore the law. The further declaration of the petition was that the acts of the I.egislature of Alabama had deprived them of the rights granted and assur ed by both the Consultation of Alabama and the Constitution of the United State6.
 Answers by Saturday.
 On the filing of the petition, Judge Jones, according to legal custom. granted a temporary injunction until the defendant could make answer to the allegations contained in the bill. In granting this. Judge Jones allowed five days for the answer, following the act of the Alabama Legislature govern ing such a petition. although the act had no force upon Federal court
 In providing that the defendants to the injunction proceedings couid sup init their answer on March 30. Satur- day. at 10 o'clock a. m., the Judge fol- lowed the spirit of the State law, al- though 1t was not binding on the court over which he presides.
 The temporary injunction was grant ed upon the petition of the attorneys of the Mobile and Ohio, but all rail- roads in the State are of one interest in the proceedings. and 1t was not thought necessary to issue an order. in answer to each petition filed.
 It Is not believed that the State off, hcials will be prepared to answer the voluminious contention and assertions contained in the bills filed by the va rious railroads by Saturday. It is re- garded as extremely probable that they will ask for further time.
 Governor Conner yesterday declined 10 make any statement upon the in- function petition. He declined to ex- nreas any opinion whatever upon 1t.
 The Governor under the authority Of ora of the acts in question, has the right to employ any legal talent to as- sigt the Attorney General in the en- foreement of the railroad legislation. It is believed that Henry z: seihelmer' and perhaps some other well known at tornevs of the State, will be engaged fo fight the efforts of the railroads to have sci aside the rate legislation.
 VIII Be. Carried Over.
 Howeyer the case may terminate in the Federal Court here, whether the railroads succeed in securing a sus- pension of the operation of the laws, ar whether the State officials win in their contention 1t is believed that the present legal proceedings will be car rIad through the Court of Appeals and on to the United States Supreme Court for a final adjudication.
 In one of the acts which Is now un- der fire, railroads are forbidden to fight any of the laws In any Federal Court The bills take cognizance Of this provision of the law and declare that such a provision is in conflict with the Constitution of the United States ana denies the railroads equality be- fore the law.
 A separate prayer for injunction IS filed by each railroad of the State. Each of the bills. however, Is drawn upon the model set by the Louisville and Nashville, whose bill is the long est of the ten. The two railroads which have not yet entered upon the fight will, 1t Is understood, submit their petitions later
 The principal averment is contatned in Section 2 of the petition of the I.ouisville and Nashville Railroad. which is supposed to have been taken aE a model by the other roads This section declares:
 'The nature of the bill is a suit in equity, to redress the deprivation. un- der the color of the several acts of the