The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-09
Ten Railroads Secure
Restraining Order.
OBJECTION RAISED In
CASE OF THE L. AND N.
1--WE Applications Are Postponed
For Thirty Days.
Attorney General CARRIER Insists UpoH
Further Hearing OF Louisvtlle
and Nashville and south ana
North Petitions, Though
Raising No Objections

Judge Thomas G. Jones, of the United
States Court. yesterday granted a pre-
liminary injunction continuing the, for-
mer order restraining the State FROM
putting into operation certain laws
passed by the Legislature.
This injunction was granted at tha
request of ten railroads doing business
In Alabama. and will restrain the State
from enforcing laws which the roads
claim to be of such a drastic nature
that their enforcement would practi-l
cally amount to confiscation of raii-f
road property.
Attorney General CARRIER, who ap-i
peared for the State. said the State
would not resist a preliminary injunc-
ton in behalf Of ten roads which did
not raise rates during the tendency Of
the maximum rate bill, but would ASH,
for a continuance of the cases against
the Louisville and Nashville ana the
North and South Railroad.
I'VE will make no resistance In TEN
of these cases which are practicable
the same" said Colonel CARRIER. but
We are now confronted with two amend-
ments fled by the Louisville and
Nashville aid the South and Norttr
Alabama Railway Company. Ess
Smith handed us these amendments tflig
morning, recognizing the insuniciemcy
of the original bills Pretermstting
the other cases, where we are ready
and that under the rules of law an
injunction should follow the restpain-
IV.r
amendments filed by the Louisville ana
Nashville and the South and North are
such that as counsel for the State and
people we cannot afford to let these
amendments pass without further con.
tinuance.
How much time do you want?" ask
ed the Court.
II think thirty days would be reas-
enable time" said Attorney General
What does the counsel on the other
side have to say?" inquired Judge Jones.
1--WE do not want to Cypress tho gem
tleman by springing surprises and IL
they want any time, give 1t to them"
said Gregory l.. Smith, attorney for
the Louisville and Nashville.
Further action In those time cases
will be postponed thirty days. was the
ultimatum of the Court.
Great Array of Legal Talent.
Realizing that this litigation between
the State of Alabama and the railroads
operating within the commonwealth
was of vital Importance TO the State
and to the roads. the greatest array
OF legal talent in the history OF the
State was called into the cnntest.
Attorney General CARRIER and his ass
sociates represented the State and
leading counsel of each of the railroads
appeared to argue the variuus points
introduced in the Legislative measures.
The following are the attorneya
present at the hearing:
Louisville and Nashvflle-H. Id
Stone General Council, LouisYflles
Gregory L. Smith, Mobile; George W.
Jones. Montgomery.
southern-Judge Alex p Humphrey
General Counsel. Louisville; j. Nj
Weatherly. Birmingham.
Mobile and OhIo-S. r. Prince Gems
eral Counsel, Mobile; r. e. Steiner
Montgomery.
Atlantic Coast Line-w. e. Kaw
General Counsel. Jacksonville; A. Al
Wiley, Montgomery.
Alabama Great Southern-A. s.,
Frisco and Seaboard-John p. Tilis
man. Birmingham.
Western of Alabama--George p. Hars
rison, General Counsel, opelika.
Central of Georgia-W. A. winburns
Vice Presidents Lawton and Cummings
ham, General Counsel. and w. d. Bey-
mer. Auditor, Savannah.
For the State-Attorney General A.
NJ. CARRIER. Associate S. d. Weakley.
Birmingham, former Chief Justice: r.,
W. Walker Huntsville, former Assoc
ciate Justice; II. C. Selhekmer, Birs,
mingham; Horace stringfellow. Month
gomery.
President Charles Henderson and ASS
sociates Nesbitt and Harris Of that
Railroad Commission.
On account of the granting of the
injunction In behalf OF ten OF the roads
and the continuation for thirty days
of the cases against two other roads.
the session was a short one, beginning
at 10 o'clock in the morning and ends
ing shortly before noon.
The only attorneys taking an active
part in the proceedings were Judge
Alex p. Humphrey. of the Southern;
Gregory L. Smith, of the Louisville and
Nashville; A. s. Smith. of the Ala
bama Great Southern; Vice Presidents
Lawton, OF the Central of Georgia, and
Attorney General CARRIER and Judge r..
w. Walker for the State.
All The Time They wanted.
When court had opened, Judge Jones
made the Introductory announcement
that in order to eXpedLate matters the
docket had been cleared and that the
attorneys could have all the time they
desired for the presentation of their
cases. He announced tpnat the frse
matter to be cOnslF ID would be tina
question of granP preliminary ms
junction.
Attorney General CARRIER then gave
a general outline of the case and said
the State would not object to a pres
lianinary injunction being issued
against the following roads: Atlantic
Coast Line, Seaboard Air Line, Wast<
ern OF Alabama, Alabama Great SouthS
ern, Mobile and OhioN Central of Geor<
gia Atlanta and BiF1ingham AIR Line
Kansas city Memphis and Birminghana