The Montgomery advertiser., 1907-12-01
Restraining order.

of complaint in this cause. and on mo- tion of the complainant, It IS
 Ordered. that, until the further order
 1. The rates fixed by the Act of the Legislature of the State Of Alabama ap- proved February IA. 1907. entitled An rates of all railroads other than street railroads carrying passengers between points within the State of Alabama,
 and the eight several Acts of the Leg
 proved November 23. 1907. each entitled "An Act to repeal an Act entitled An Act to fix and establish the maximum rate to be charged by railroads now op- erating or which may hereafter operate as common carriers in whole or in part in the State of Alabama for the trans portation originating and terminating in the State of certain articles or com. modities 10 be known as Group -, ana for this purpose to classify said rail- roads," and also the rates fixed by the Alabama dated November 25. 1907. re- specting Joint Passenger Rates In so far as the defendant The Western Rail- way of Alabama, is affected thereby, De and they hereby are suspended, and the taking effect of any of the rates fixed by the said Acts and order, or any Of them. in so far az the defendant. The Western Railway of Alabama, is affect ed. ed thereby be and it her''s is suspend
 ?. The defendants, J. A. Williams, Otis Brownfield. w; A. Cloud Davis dS
 Douglass, Theo Lacy. .Jr.. J: B; Evans, J. NJ. Walton, J. L! Moon. w. E. Hud- dleston. Horace Hood. W. E. Haynes, J.
 F. Doherty; y;N w B. Boiaingi r Ths,asoD s. h Dent Fl. Mangum. Winter-Loeb Grocery Com,
 pany. c. O. Bomar, c. A. L., Sanford and
 W. T. Seibels be and they hereby are enioined and restrained from adopting.
 charging publishing, receiving, accept
 ing and putting into effect, and in any
 manner charging. enforcing. or at
 tempting to charge or enforce the rates proved February IA. 1907. and Novem- Der 23. 1907, and said order dated Mo-
 vember 25. 1907. or any of them, or any
 other rate or rates which may be less
 than those now charged or authorized to be charged by said defendant Rail-
 way Company on its lines of railroad
 8. The defendants, Charles Hender-
 son. J. c. Harris and w. D. Nesbitt. and
 each of them. individually and jointly,
 as constituting the Railroad Commits
 The Railroad Commission of Alabama, be and they hereby are enloined and restrained from enforcing or in any
 manner attempting to enforce or pnt road of the complainant. The Western Railway of Alabama. the rates specified
 in said Acts approved February 14,
 1907, and November 2S, 1907, and said
 order dated November 25, 1907, or any other rate or rates which may be less than those now charged or auth oriZed
 to be charged by the said defendant
 road in Alabama; and the said defend
 ants, Charles Henderson, J. C.. Harris and w. D. Nesbitt, and each of them. in the Railroad Commission of the State of Alabama, and the defendant The Railroad Commission of Alabama, be
 and they hereby are enjoined and re- strained from instituting or bringing, | or causing to be instituted or brought, | any action whatsoever for any failure | of the complainant, The Western Rail- | way of Alabama. its officers, agents. | servants and employees. to put into eff | feet or adopt or accept from passen- | gers. shippers or otherwise the ra- 1 duced rates specified in said Acts ap-
 proved February IA. 1907; and Novem- | Der 23. 1907, and said order dated Mo- | vembe 25. 1907, or any other rate or | rates which may be less than those now | said complainant Railway Company on 1 its lines of railroad in Alabama, and | also from instituting or bringing, or | causing to be instituted or brought, or 1 from prosecuting or continuing any suit | at law or In equity for mandamus, fn- junction or otherwise, or from bringing or prosecuting or continuing any ac- tion or preceding against the Said com | agents, servants and employees, for pen alties, fines or damages, to compel said complainant Railway Company, it's off, fcers agents. servants and employees, l to put into effect or observe the rates | specified in said Acts approved Febru- | ary IA, 1907. and November 23, 1907, and | said order dated November 25, 1907, or | any other rate or rates which may be | less than those now charged or author | iec to be charged by said complainant Railway Company on its lines of rail- | 4. The defendants J. F. Thompson,
 R. H. Mangum. c. R. Bricken, ". B..
 Boiling, S. H. Dent. Jr.. W. T. Seibles. C. A. L. Sanford and their successors
 in office, and their deputies, and the deputy or deputies of each and all of
 them, be and they hereby are enjoined l and restrained from instituting or caus- 1 ing to be instituted or from prosecute l ing, continuing or causing to be prose 1 cuted or continued any suit, action or proceeding. whether civil or criminal, | of any kind or description whatsoever J against the complainant, The Western 1 Railway of Alabama. or against it's of- | fcers. agents, servants and employees.
 or any of them. for or on account Of Of
 said Railway Company or any of it's
 officers, agents. servants and employees ! of the provisions of said Acts approved
 February IA. 1907, and November 2S'
 1907, and said order dated November 25,
 1907, or any of them and of the fol- | lowing Acts of the Legislature of Ala
 bama, or any of them; adopted at the
 special session thereof held in the
 a. An Act approved November 2s
 1907, entitled An Act to amend Section
 2 of an Act entitled An Act to prevent
 any officer, agent or employe Of any
 person, company or corporation owning
 or operating as a common carrier any
 railroad in whole or in part in thl;
 State from charging or receiving fol
 the transportation, originating and ter
 minating within this State of any artl'
 cle a greater or higher rate of compen'
 sation than that established by statute
 or from refusing to receive such artlcl'
 for transportation at the rate estan
 fish ed by statute.'" oo
 b. An Act approved November ~
 1907, entitled An Act to prohibit com | mon carriers and their officers, agent
 and employees, from publishing, exact
 ing charging or receiving any nisne
 or greater rate of compensation Tor th'
 transportation of property or passen
 gers than that specifically designate' and prescribed by statute, or made th , maximum rate by statute, or than Una established by the Railroad Commls sion. and from refusing to receive prop crty or passengers for transportauol at such rates: to provide penalties 10
 a violation thereof and fix a perlo , within which proceedings may pc insli
 tuted for the recovery of such pehai
 ties. and the procedure to recover LII same" .,.. l And from causing the said Railwa Company it's officers, agents. servant , and employees. or any of them. to be m 7 dtcted or prosecuted. or aiding m lil dieting or prosecuting them. ana IroI causing them or any of them to ne sI