The Montgomery advertiser., 1907-07-21
INJUNCTION SOUGHT IN MOBILE UNION DEPOT CAy.,


 gle charge on each car of those roais and double charge on each car of the Louisville and Nashville Railroad Com- pany.s
 The number of passenger cars han dled by the Louisville and Nashville greatly exceeds the combined number handled by both of the other roads so that 1t would have to bear more than half of the expense of operating the depot. and this would be an un- reasonable terminal charge. consider ing the small portion of its patrons served.
 ''The Act creating the Railroad Com mission provides that any order of the Railroad Commission may be contested by any one in interest by filing a bill in any court of competent jurisdiction held in the County of Montgomery. Under this Act. such a bill cannot be filed anywhere but in Montgomery. The Louisville and Nashville Rail- road Company has. under his Act, filed bill in the United States Court at Montgomery. contesting the validity of the order of the Railroad Commission, upon number of grounds, some of which are that it Is invalid because it constitutes an unreasonable interfer- ence with interstate commerce, end
 
 and Nashville Railroad Company bur- dens disproportionate to the benefits to be derived therefrom. and because 1t Is special law applicable to par ticular railroads; and, therefore, dis criminatory fn its nature; and because the order does not require all of the railroads entering the City of Mobile to use the depot. but only the Louis- vile and Nashville Railroad Company.
 "The bill seeks to enjoin the Rail road Commissioners from enforcing this order until its validity can be de- termined.
 Mobiles Depot Troubles. The question of proper passenger depot at Mobile has been under discuss sion since 1867. At that time. the City ct Mobile made several efforts to To- cate convenient site Tor a depot for the New Orleans, Mobile, ChattanooRa and Texas Railroad. which now consti- tutes the New Orleans and Mobile Di- vision of the Louisvi :le and Nashville Roalroad. The city set aside several different tracts for sucl depot all of which were found upon a full consio- eration of the matter. inconvenIent or impracticable.
 They finally located~upon the phce now occupied by the passenger depot of the Louisville and Na-hville Rail- road Company, and passed ordinances ! authorizing the construction of . de- pot there, and ceded for that purpose, portions of Commerce and Govern ment Streets. and the Legislature amended the charter O the railroad company so as to authorize the city to fix this location for depot purposes.
 About twenty years ago. the then existing depot facilities became insuffi- cient. and considerable agitation for a new depot took place. It resulted in the railroad nfaa xo the various commercial bodies a plan for new depot. which was agreed up- on as sufficient. and the present depot was built according to such plans, and were. at that time. satisfactory. About ten years ae" these facilities, became Fpnsatisfaesnry to the people generally. and the agitation for further facilities was commenced.
 ''The city authorities. commercia, bodies. etc. tried to induce the rail- road companies 70 agree to construct a proper and ample union depot, and held number of meetings and mad commit tees appointed to confer 'ith the rail- roads with this end in view. The man. agement of the Louisville and Nash vile Railroad Company have, alwayn declined to agree to build such depor
 ITO have made such an agreement with the governing bodies of the city would necessarily Lave made the ac- complishment of the purpose almost im- possible. as the publication in advance the intended construction of a depot would have made it impossible to oh- tain the necessary property at anything like reasonable terms.
 Although the Louisville and Nash- vile Railroad Company e'ways refus- ed to enter into such an agreement, its management did .--ears ago. take Up I of rtriv hn property for the construction of prop or depot and made inquiry of its Law Department as to whether 1t could get franchises necessar to enable it to en- ter such depot. if constructed.
 Unable to eGt Frnnchises.
 At that time. there was consider able agitation agairst the Louisville and Nashville Railroad. and the city boards had refused to grant it other franchises. and the management was advised that there was great dan ger of its failing to be able to obtain such franchises after 1t purchased the necessary property.
 ''Under these circumstances. the fur ther consideration of the matter was at that time abandoned by 1t.
 "On still another occasion. the. Louisville and Nashville Railroad Com pany took up the matter of obtaining necessary property for a depot. but upon inquiry it was again found thlt it would probably not be able to ob- tain a franchise to lay the necessary tracks into this property. and the fur ther consideration of the matter was again abandoned.
 On still another occasion. 1t under. took to obtain options on the property necessary for this purpnse and did obtain options upon a considerable DOT tion of the property. but the fact that the Louisville and Nashville R ilroad Company was the party in interest be- came known or suspected and the property owners put up their prop erty to prohibitive prices. and as Ut that time. there was no law authoriZ- ing the condemnation or property for depot purposes. the undertaking had to be again abandoned.
 The present depot facilities might be somewhat larged at It's present Io- cality. and considerably improved. but it is claimed that there IS not suffi- cient room at that placo for Il satistac- tory depot. The present agitation of the matter would probably make it impossible for the Louisville and Nash vile Railroad Company to obtain other property suitable for the purpose at this time.
 The Gulf Terminal Company's depot is something like ? 1-2 miles from the nearest point on the Mobile. Jackson and Kansas City Railroad. and that road could not reach this depot with out diverging from its line a distance of seven or eight miles. Tn the present condition of that road. this Is imprac- ticable, and the Railroad Commission