The Montgomery advertiser., 1907-05-09

we would ask the Indulgence of the
court for little while. to glance over
these amendments.
The Court-How long do you want,
Judge?
I Judge walker.HaIf an hour.
The Court-very well, the court Will
take a recess for half an hour.
A recess of about this time was
taken. after which proceedings were
resumed as follows:
No Resistance In Ten Cases.
Mr. Garber-May 1t please the court,
at the meeting a month ago, when TINS
matter was continued over until TINS
date, there was restraining order IN
all of these twelve cases, ten or whicn
were practically the same; but two OF
the restraining orders had a modinca-
ton in regard to some rates that had
been changed since the list or jan
uary In looking over these matters
and discussing them with counsel Tor
the State, we had concluded ana hau
so stated, believe, to one OF the coun-
sci for complainants, that we wouid
not make any resistance in the ten
cases, where there was no modfhcatioh
or no changes as to rates. to putting
the restraining order into prelimi-
nary injunction pendente lite. or our
ing this litigation, and, as far as those
cases are concerned, we do not make
any resistance; in other words, we
waive the question of jurisdiction, ana
assume that there is equity on the
face of these bills, and that the court
Is bound under the rules of law. upon
a proper bond being given. 10 grant
a preliminary injunction pending thls
litigation. and to this we make no re-
sistance in those ten cases.
But. we contended before, ana we
contend now, that the restraining or
OF tHe
I,ouisyille and Nashville Railroad COM
pany and the South and North Railroad
Company that allowed the rates OF the
raise between the first of January anu
the time these bills were filed snouIo
not have been done. ana we were pre-
pared Just from the general state
merts. and the general averments OF
the two bills. to come and argue to
the court upon the face of those biiis
that this maximum rate bill should
not be restrained or enjoined during
this litigation. Within thirty days l
received under the rules prescribed in
the restraining order. notice or the
changes made in most cases by tne
Louisville and Nashville and South ana
North. and the rest several days later,
but we make no point on that we re-
ceived the balance of those rates. Thefe
was no affidavit attached, but we as
sumo that they contained a correct
COPY from. the original raises. we hau
no notice until some time last night
about O'clock when one OF the couh-
sci intfmated that there would be some
amendment to the bill. Now. we are
confronted this morning, with tw"
amendments, practically the same
thing, filed by the Louisville and Nash
VILE Railroad Company and the south
and North Alabama Railroad Company,
only one section or paragraph In the
case of the Louisville and NASHVILLE
Railroad Company, but three sections
in the case of the South and North 10
this effect: Bear in mind we had pre-
pared to come and argue on the face
OF these papers as to these rates that
had been submitted by the Louisville
and Nashville and the South and North.
showing on their face such glazing ana
monstrous raising, your honor please
those on the first of January, that we
expected to argue to your honor that
1t would be unjust to the people of this
State and to the shippers, that such
raises should be permitted under the
guise of injunction, or under the pow
er they would get under an 1nJunc-
ton in these cases, to continue for a
year or two during the tendency of
these cases. And this morning we had
no notice except q verbal reference last
night by one of the counsel for COM
pIainants to one of the States coun-
sci, that there would be some amend
ment on this line. This morning when
court convened Mr.. Smith handed us
these amendments, recognizing the in
sufficiency of the original bills and
amending them and making Volumi-
nous changes in this part OF the Dill,
and stating in brief: Comes the
Louisville and Nashville Railroad Com
pany, complainant and by leave of the
court first had amends its bill
of complaint. in the above entitled
cause, by inserting at the end of the
seventeenth paragraph of said bill the
following: Complainant herewith files