The Montgomery advertiser., 1907-03-26
RAILROADS APPEAL
 FOR PROTECTION OF v
 THE FEDERAL COURi.

Legislature her referred to, of certain rights and immunities, guaranteed to complainant by the Constitution. The right not to have It's property taken away without due process of law. and the right to equal protection of the law. And alse to enjofn the enforce ment of an act of the Legislature of the State of Alabama which impairs the obligation of a contract between the State of Alabama and complainant and to further enjoin the enforcement of certain acts of the Legislature of the State of Alabama directly regulating commerce between points within the State and points within other States or the United Statea"
 The petitions. as may be seen. not only oppose the enforcement of the acts of the Legislature as confiscatory, oppressive and discriminatory, but spe- cially attack the act which permits the state to revoke the charter of a rail- road and rescind license.
 Such an act on the part of the State, the railroad contends, would be unfair, arbitrary and Illegal. The point is made in that section and its force runs throughout the bill that while the acts complained of ostensibly regulate only intra state commerce, they in effect regulate interstate commerce as well
 Roads in the. Cases.
 The filing of the various bills in the court of Judge Jones yesterday shortly before noon brought to Mont gomery the most distinguished raiI- way attorneys of the South. The roads which appeared in the legal proceed ings and their attorneys were:
 Louisville and Nashville, Gregory L.. Smith, of Mobile. leading counsel; George w. Jones of Montgomery and H. l.. Stone, general counsel, of Lou isville
 Western of Alabama. Gen. George P. Harrison of opelika and Major R. E. Steiner.
 Southern, A. R .Thom, general coun- sel, of Washington: A. P. Humphreys of Louisville and James weatheriy of Birmingham
 Nashville, Chattanooga and St. Louis, Claude Waller and c. L. Smith.
 Alabama Great Southern. J. c. Smith of Birmingham. division counsel
 Mobile and Ohio. Syd R. Prince of Mobile. general counsel, and Col. B. L. Russell
 The Frisco. John P. Tiliman of Bir- mingham. l.. F. Parker, general coun- sel.
 The Central of Georgia, Col. A. R. Lawton, vice-president and general counsel, and J. c. Cunningham
 Atlantic Coast Line, Col. A. A. Wi- ley and w E. Kay.
 Examined With Great Care.
 Railroad officials and railroad at- torneys have been closely studying the rate legislation enacted by the Leg islature and the proceedings were taken as soon as it could be learned what the legislation meant in truth and as soon as the bills could be pre- pared. The Legislation which went so hurriedly through the courts will be looked over and diEsected with more leisure in the courts.
 Tn discussion the litigation inaugur- ated yesterday, Gregory l.. Smith of Mobile, who is the leading attorney for. the Louisville and Nashville, and who it is said. drew tap tue origin al bill used later as model. said
 The question Is a question If exist ence. The Louisville and Nashville fs better able to bear suph legislation than any road in the Stats. but 1t would not be able 10 operate under 1t very long. As for a number of other roads in the State. .t would simply kill them So large road as the Souths rn would find 1t impossible to ,arn a dci- lar under the proposed reduction.
 The roads are not claiming the rights to earn dividends cn their ca2i- tai stocks and bonds. They are will ing to lay them aside. to leave them out of the question. But they are con
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