The Montgomery advertiser., 1907-03-31

Il had ascerfained that the infant indus
 tries in certain cases had joined in
 the movement to conflscate our prop
 srty."
 The closing argument for the State
 was made by Attorney Horace String fellow of Montgomery. Mir. String fellow pointed out that the issuing of an order of restraint would be equal 10 the granting of perm snent in- junction in that 1t would practically tie the hands of the Railroad Commis- sion.
 Judge Jsnes's Decision. At o'clock Judge Jones, in ad- I journing court for luncheon. announce ed that he would grant the motions of the petitioners for a restraining or- der, but that they. the attorneys Tn the case, would have to get together and agree upon the terms of the or der and the bonds to be furnished by the railroads for the protection of the patrons of the roads.
 Judge Jones, in making his decision stated the railroads did not have the right to make rates for their purpose without the right of the State to reg ulate these rates. The railroads have the right. he stated, to present theii side of the matter If the rates inn posed were deemed oonfscatory. The court announced that personally he would be willing to take the as- surance of the attorneys for the State but that the court. was the only l power that could restrain the en- forcement of the law. He stated that 1 even the Governor could not suspend one of the laws.
 Agree on Details.
 At 2:30 o'clock the attorneys met in I Judge Jones's chambers and after con siderable discussion agreed upon tho | conditions of the restraining order i and the bonds to be furnished by ths roads for the protection of the ship pers.
 The maximum rate act and it's en' | forcenaent was the chief issue between | the petitioners and the State. Thi. | was finally adjusted by a provision being embraced fin the order provid. l ing that no rate in effect on Marct l 25, the date of filing the petition coult | either be raised or lowered. A spec | iai provision was put in to 1t the cass | of the Louisville and Nashville ant the South and North, which roads, | ] is stated. raised their rates after Jan
 uary i. 1907. The order provides tha l the rate prior to January on thes' I two roads must not be raised or low | cred.
 I As the law providing for the revo l cAtion of interstate licenses in th' | event the foreign corporations insti 1 tute suits in the federal courts doe not apply to domestic corporations | the original order was so amended al l to make exception of railrads whicl
 are incorporated under the laws of Ala l bama.
 The following are the amounts Q ! the bonds furnished by the railroad i to protect the shippers while tn I laws are heinz contested:
 l Alabama Great Southern, $s.500; Mo | bile and Ohio. $fo.o00; Southern, SEQ. 1 900; Nashville. Chattanooga and St Louis ,S5,0oo. Central of Georgia, $l5, | 900; Louisville and Nashville, $s5,o00 | South and North, s15,000: Atlanta an' Birmingham Air Line, $5,000; seaboar' l Air Line, $5,000; Kansas City. Mem I phis and Birmingham, $5.oo0; Westeri | of Alabama, $5,000; Atlantic Coas Line, s7,77s 3b. Total. $124,27S.S5. 1 Copy of the order.
 The restraining order was slightly | different in some of the cases. as the provisions relating to the enforcement | of the so-called "outlaw" bill, revokire | the license of any foreign corporation | which should appeal to the United 1 States Courts, as a matter of course ds | not apDly tO tn6 QuulCoItC SOAP0A e~eANbo
 such as the North and South Company the Western, etc. The amount of tht | bond varies in the different suits | These and. the changes relative to the 1 Louisville and Nashville. outlined
 above are ths only variations in the | different restraining orders issued. 1 The order issued in the case brought l by the Southern Railway, a foreign corporation is in full as follows:
 This being the day fixed by the or
 der of this court for hearing certain | motion heretofore made by the com plainant on the 25th day of March l 1907. to suspend certain rates herein
 after named. and for an injunction | pendente lite, as prayed for in its bill l of complaint, of which motion the de- | fendants have had due notice, came thS | defendants and moved the court for ar | extension of time within which tC
 show cause why said rates should moi be suspended, and said injunction granted, and upon consideration. 1t fl | ordered by the court that said mottor
 of the defendants be granted and tha' the hearing of said motion of the com. plainant be fixed for the sth day oi | May, 1907. at 10 o'clock a. nl., in tho | court room of this court.
 I And upon motion of the complainant
 and upon its being made to appear tC the court that irreparable injury will | be caused complainant before the hear Ing of it's said motion for the suspen' sion of the rates hereinafter named
 and for said writ of injunction granted 1 1t Is now ordered that upon condition
 that complainant give bond with surety payable to the clerk of this court. ts
 be approved by the Judge of this court In the sum of s20,000. said bond tt be given in the time and upon tn, conditions as herein provided, the rateI fixed by the Act of the Legislature O. the State of Alabama, approved Feb
 ruary IA, 1907. entitled An Act to pre-
 scribe and regulate passenger rates or all railroads other than street rail
 roads carrying passengers betweeI points within the State of Alabama,
 and the Act of the Legislature of tn
 State of Alabama, approved Marcl
 End, 1907, entitled An Act t'
 fix and establish the maximum rate
 to be charged by railroads now oper
 ating or which may hereafter oper -f..w-.s 4., ,n1.