The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1907-09-05
REFUSES AN INJUNCTION
Judge Shelby, However, Orders Geor-
ola Railroad Commission to An
swer in Case Of Csntral's Appeal.

| An order was issued at Huntsville,
Ala. Saturday by Judge Shelby Of the
United States court of appeals, in the
case of the Central OF Georgia Rail-
road company against the railroad
commission of Georgia, John c. Hart,
attorney general Of Georgia, James
X. Hines, special attorney for the rail
road commission OF Georgia, requiring
the defendant to submit bill of COM
plant and to appear before Judge Shell
by CT some other one Of the judges
of the circuit court Of the United
States in Atlanta on September 16 at
10 o'clock, or at such other time as
may be fixed by the court, or as soon
thereafter as counsel may be heard,
to show why Injunction as prayed in
the bill should not issue.
1t is further ordered that the mo-
ton and prayer for restraining or
der to remain in force until the hear
| ing on the application for an injunc-
tion is overruled.
Accompanying the order of the court
which was handed down late Satur-
day afternoon is a memorandum OF
reasons given by Judge Shelby for re-
fusing to grant the temporary re-
straining order. Judge Shelby says:
"The maximum rate per mile for
passengers charged by the complain
ants company is 3 cents. The Geor-
gia railroad commission has reduced
| the rate to 2 IL cents as to intrastate
passengers. The bill is filed to en-
join, vacate and annul the order OF
the commission on the grounds that it
violates the provisions of the fifteenth
and fourteenth amendments to the
! constitution relating to due process
and the equal protection of the laws.
The case is not now before me on its
merits. nor is the motion for an in
junction now before me for decision.
This is not intended to Intimate any
opinton on the questions not reached.
The bill of claims is presented to OBJ
tain an order setting the motion and
prayer for the Injunction down for a
hearing and directing notice to be
given to the defendants. Order to
that effect will be made.
"Also am asked to grant tempo
rary restraining order enjoining the
operation and enforcement of the rate
established by the railroad commits.
sion of Georgia until the hearing OF
the motion for the Injunction. The fol-
lowing is the statute authorizing such
action: Section 71S, R. S. of the U. s.,
gives Judge power to grant restraining
order if he thinks life or property is
in jeopardy.
"The constitution and laws of Geor'
cia confer on the railroad commission
of Georgia the authority to reduce
intrastate passenger rates. 1t made the
order in question June 7, 1907. After
notice to the complainants, the rail-
road companies, and after hearing
evidence the order provided that it
should not go into effect until Seotem-
ber .. 1907. This gave the complain.
ant companies two months and twenty
six days in which to apply for an
Injunction before the rates prescribed
became effective. The bill was not pre-
sented until Friday, August 80, two
days only-one of them Sunday-be'
fore the date prescribed was to take
effect. The defendant has had no 10
tice that the application for the tenn
porary restraining order would be
made. II resort had been made to
the court in reasonable time after
the fixing of the rate on June 7,
there would have been no occasion
for asking for an ex parte restraining
order.
Attorneys for the Atlanta and west
Point railroad and the Louisville and
Nashville appeared before Judge Shell
bv during the afternoon with practi'
cally the same petition as presented
bv the Central of Georgia. Judge Shell
hv issued the same order and fixed the
same date for hearing before Judge
Newman.