The Birmingham age-herald., 1907-03-31

officers, agents or employees from carrying on the business of transporting passengers and freight within the state of Alabama, notwithstanding the disregard by the complainant of the inhibition contained in an act of the legislature of Alabama, ap- proved February 23, 1907, entitled: An act to create a railroad commission, to be known as the railroad commission of Ala bama; define it's duties and powers and provide for it's mode of procedure, and precrbe penalties for violation of it's ord- ers," prohibiting any foreign corporation from bringing or removing a suit into the federal court, or on account of complain ants disregard of the provisions of an Act of the legislature approved March 6. 1907, entitled: An act to provide for the revocation of the license or right to engage in or carry on the business of the transportation originating and termi- hating in this state. of freight or passeng- CTS of any foreign corporation which is now engaged or which may hereafter en- gage in such business or the business of common carrier in this state in the event such corporation shall for any of the purposes specified in this act, institute in any federal cour any suit or proceeding, or shall remove or cause to be removed to any federal court, any suit or proeeed- ing instituted in any state court, for any of the purposes specified in this act" or any other act of the legislature of Ala
  plainant the right to bring it's suit in this court or prohibiting it from carrying on its business in the state of Alabama, by reason of the bringing of this suit and from doing any act or thing whatever in pursuance of said act approved February 23, 1907, in so far that act punishes this complainant for bringing this suit in this court or under the act approved March 6, 1907, to the same purport.
 Prosecution Enjoined.
 The defendant, Alex M. Garber, attor- ney general of the state of Alabama, and each and every other attorney at law that may be employed or appointed by said railroad commission of Alabama, or by Charles Henderson, president, or Will liam D. Nesbitt and John G. Harris, as- sociate railroad commissioners of Ala bama or either of them or by any other officer of the state of Alabama and all other individuals, persons and corpora tions, are enjoined and restrained from insttuting, bringing or prosecuting against complainant or any of it's off cers, agents or employees any action or proceeding, civil or criminal, for dam ages penalties or fines, or for any cause of action whatever, for failure to con tinue or put into force or effect on any of the lines of railway of complainant in Alabama any of said tariffs, passenger or freight. or for charging, demanding or receiving for the transportation of pas sengers or freight more than the rate or rates prescribed in said several acts of the legislature of Alabama or any of them, or for continuing in the conduct of it's business in the transportation of passengers and freight between points in the state of Alabama, notwithstanding the bringing by tho complainant of this suit in this court, and all of the de- fendants herein and each of said de- INs.x strained from doing any act or thing whatever in pursuance of said act ap- proved February 9, 1907, February A. 1907 and March g. 1907, or from doing any act or thing under said act approved February 23, 1907, in so far as that act prohibits this complainant from bringing suit in this court, or under the act ap- proved March 6, 1907, to the same pur- port.
 Conditions of Order.
 This order shall not be construed as authorizing complainant to charge more than the rates in force on it's railroads, or any part thereof on March 25, 1907, and this order is made on condition that complainant shall not increase. pending the hearing and determination of the application for an injunction pendente lite, any rate beyond the amount there- of in force Mar n 25. 1907, and the oper- ation of the max nm rate bill approved
 February 9. 1907, isS uspended or affected
 hereby only in so hr as it applies to
 those rates which had been increased since January 1, 1907, and were in force March 25 1907. The foregoing restraining order shall | be made and remain in force until the l determination of the complainant's mo- l ton for an interlocutory injunction | therein
 | The condition of the above obligation | is such that, whereas. restraining order has been made in the above entitled