The Montgomery advertiser., 1907-05-09

court for an interlocutory injunction
embracing among other things the
suspension of the rates crystalized by
this act of February 9. 1907. Now the
rules to show cause on the part of the
Central Railway of Georgia and others
are all of the same tenor. We are.
therefore. here today under notice of
motion not only to suspend the pas
senger rates aad the commodity rates
under the act of March, but also to
suspend the effect OF this act of Feb
ruary 8. 1907 crystallzing the rates as
of January /. Now, we do not ask
at this time any interlocutory injunc-
ton which shall embrace the rates
crystalfzed by this act of February .,
1907. We have given a notice that
we would do so, and we have had
rule issued to show cause why we
should not have this relief. but at this
time, we do not propose to press the
matter. Your Honor indicated at the
last sitting that you would be strong
ly disinclined to interfere with the
status quo as 1t existed at the time
the bills were filed. We recognized
the strength of that position; but we
also recognized the fact that some
times court of equity will change
tho status quo even. and sometimes
such q case will be presented as will
terlocutory injunction the state of at
| fairs as they existed at the time of
| the inception of the litigation. and all
| we want to do in this order is that
| there shan be reserved to us the right
| upon reasonable notice to The defend
ant hereafter. to bring up this ques-
| ton of these rates crystallied by the
act of February 0, 1907, and upon
such reasonable notice to make sucn
motion. l cannot imagine how the
fact that the complainant has reserve
ed the right to make a motion in any
way commits the court to the grant
Ing of the motion. That argument
would be, as this court is open to. all
suits that anybody may bring invoIv-
Ing two thousand dollars. tnsre-or-.
the court has committed itself to de-
Gliding in favor of the plaintiff any
suit he may hereafter bring. All we
ask is that instead of this matter
being passed over sub silentio, we
having given the notice, that there be
putin this order a reservation of the
right by the complainant upon reason
able notice to make this motion.
When the motion comes--it may never
come I'VE apprehcnd that your Honor
would not grant IL unless we made a
very clear showing, and we Gpprehend
we shall not make 1t unless we are
able to make a very clear showing.
L
in any way commits the court. l am
utterly unable to see, and IT seems to
us, having given the notice In this
matter, that ii should not be passed
by sub silentio, hut that 1t IL perfectly
fair to the defendant to allow il to
reserve this right as set forth in the
draft which Colonel Lawton has read.
The Court-This Wew OF that whole
question has occurred to me. SO far
as the form of the order granting the
preliminary injunction is concerned,
1t Is very simple to state that this be-
ing the date to which the rule to show
cause was returnable, and no cause
having been shown. the preliminary
injunction now issue in these ten cases
in the terms Of the restraining order.
Are All the Rates Fairs
1t seems to me that the proper way
, to present the matter arising as to the
rates under the maximum rate bill
would be this: Counsel who are ia
millar with the Supreme Court decis-
| ions as to the maintenance of particu-
lar rates know the dimculty of main
tanning any one particular rate. AS
the Supreme Court has held lately in
the phosphate case in Florida, a par
ticular rate might not give just remu-
neration; but the question would be
whether that rate, though not a rea-
sonahle one for the particular service.
cOlhDlneu win all otner rates, gave a
fair return. 1t seems to me the proper
way to raise that question would he for
any of the complainants who desire to
raise those rates to first put in force
the particular rate. and then come In
by supplemental bill and present to the
court a prayer for relief against any
interference with them on the ground
II II be well founded. that they are
only exercising a constitutional right
In eXacting a fair return ON the value
of their property. / do not see any OBJ
! iection--it seems to me il is inmate
rial-to putting in the order that coun-
sci gave notice that they might ask
4 leave to amend in such particulars. |
do not think 1t amounts to anything,
one way or the other, or that 1t preju
/ dices anybody's rights 1t seems to me
we can get together in chambers and
agree upon the terms of an order that
| will meet the views OF Judge Hum
/ phrey and of Judge Walker.
Judge Humphrey-W are perfectly
I willing to meet counsel on the other
/ side,