The Birmingham age-herald., 1907-11-29
MARSHAL RECEIVES
 PAPERS ID SERVE Railroads Take Big Risk In
 Fighting Laws BUSY DAY FOR DEPUTIES Weakley & Selheimer of Governors Counsel Hold Conference, But No Statement Is Made By Them
 For Publication.

Birmingham took hand in the rail- road rate muddle yesterday. when copies of the injunction granted by Judge Jones Wednesday were received by United States Marshal Pope Longs office, for service upon the state officials in the northern district of Alabama. Judge Jones also sent instructions to swear in five additional deputies to assist in the serving of these papers. Additional dep uties cannot be sworn in without orders from Washington and re .uest has been made on the department there for a confirmation of Judge Jones' instruc- tons.
 There are nearly POO of the papers to be served, and the order itself is very lengthy document They were brought to Birmingham by Frank l.. Ward, who is connected with the legal department of the Louisville and Nashville railroad at Montgomery, and were delivered to Judge J. A. Steele in Marshal Long s office. Marshal Long together with Chief Deputy Ashley were in Annistop and were sent for by Judge Steele at once and reached here early In the afternoon
 
 every one busy until late last night.
 Dates For Hearings.
 December is the date set for the hear inJ of the Louisville and Nashville case and December 16 for the Central of Georgia hearing for a permanent injunc- ton. The Central of Georgia petition Is made by the Central Trust company uyhi icl, is t,ot,oa ond preference bonds of that road
 A conference was held yesterday morn ing by Judge Samuel D. Weakley and H. c. Selheimer in Judge Weakley' office but both declined to talk for pub lcation.
 The people upon whom the papers will be served are all court officers sheriffs and shippers. A number of the papers will be served on certain large shippers but the order Is effective in regard to every shipper whether he be served with a copy or not. The papers on local men were served yesterday and several dep uties also left for different parts of the state with papers. Returns on all papers are expected by Saturday night.
 Road Takes Big Risk.
 That the Louisville & Nashville feels that it has q sure case Is evidenced by the risk they are taking in filing such petition. According to an act of the legislature shippers can file a suit in 10 years after the date of shipment or passage in case the railroad refuses to haul him or his freight at the rates set out by the legislature. In case the per manent injunction is not granted the rail road company lays itself liable to dam ages on each and every passenger and piece of freight which it refused to haul at these rates. The hearing of the cases will require months, and it will require years for it to reach the Supreme court in case of an appeal. A number of sug gestions have been made as 10 a quick way of getting it before the Supreme court among them being that some per son violate the order of the court and be placed in jail This person could then sue out on a writ of habeas corpus, which would bring the matter before the Supreme court immediately. The state is powerless to pass laws which will prevent the taking of this matter Into the federal courts.
 Governor Conner spent Thanksgiving on his farm in Barbour county, where he went on hunting trip No word from him has been received In regard to the injunction.