The Montgomery advertiser., 1907-03-31
DEFENDING ATTORNEYS
 ADMIT UNPREPAREDNESS
Enforcement of Anti Railroad Laws Restrained Pending the Suit.
eases Brought By Transportation Com- paniss Are Continued Till May 8 On Insistence of Representa- tives of the Commonweaith
 with Consent of Cem-
 piainants.

If the preliminary sklrmish in the petitions of the railroads to restrain the Railroad Commission from enforc- ing laws. which they claim are com dscatory, can be taken as an index. Alabama is to be the scene of one of the greatest legal battles ever witnessed In the country.
 The hearing yesterday in the peti- lions filed by the several roads result cd in Judge Thomas G. Jones. of tie District and Circuit Federal Courts. issuing an order continuing the cases until "wednesday. May 6, and granting to the complainants a temporary Ie- straining order to prevent the enforce ment of the rate laws. passed ny the Legislature. which have, or will pe- come effecttve between now ana the date set for the hearing.
 The cases were. continued at the in- sistence of the attorneys for the state. In asking for the continuance sns tS. ns forneys for the Commcnweaith took the unique position that the time tor near inE the petitions for permanent in- functions should be postponed but that Ilo restraining order should be issued. |. The attorneys. who said they were oei- egated to speak for Governor ConeI and the administration, assured the railroads that no efforts would be made to enforce the jaws which are now pe- ing tested. ....a
 On the other hand the attorneys ap- pearing on behalf of the raliroads readily agreed to give the state iur- fher time. They. however, argued tnat while thew were perfectly willing to take the word of tic States aftorneys ;n q personal matter, there was too much at stake for them not to have ample protection. The represen tatlve ves Of tho rallroaSe declared that some or the biifa in question carried VIII a.le.a them heavy ines and penalties for violations.
 According to their position the courts were the only forum authorized to stay the operation of the laws.
 Judge Jones, in rendering his de- cision granting the restraining order, sustained the contentious of the attor- news for the petitioners. He ruled that the suspension of the laws enact- ed by the Legislature came only with in the province of the courts.
 After a conference lasting all of the afternoon the attorneys of both sides agreed upon the terms of the restrain ing orders and the conditions of the bonds to be filed by the railroad com panies. Immediately upon mutual agreement being reached, the bonds were promptly executed.
 Each railroad furnished bond for one-tweifth of the sum involved by the provisions of the bills The total amount of the bond was $124.27S. 35. The restraining order provides that in the event the laws are held valid the railroads will be liable to the shippers for the charges over and above the rates established by the laws
 Eminent Counsel.
 Never before in the history of Ala bama was there such a brilliant array of legal talent "pitted" against each other Fully twenty-five of the most eminent railroad attorneys in the South were present to plead ana fight for their rights. The State was represent cd by seven of perhaps the most dis tinguished lawyers within the bounds of the commonwealth.
 Former Chief Justice Weakiey and former Associate Justice R., w. Walker were the leading counsel for the State. The other attorneys representing the State were Captain Frank S. White and Henry c. Selheimer, of Birming- ham; Horace Stringfellow, of Mont eomery; Attorney General Garber and Assistant Attorney General Thomas w. Martin.
 For the railroads. Gregory L. Smith, of Mobile, and Judge Alexander B. Humphrey were the leading counsel. The other representatives of the legal departments of the roads at the hear ing were Colonel Henry l.. Stone, of Louisville, chief counsel for the Louis vile and Nashville Railroad; Judge L. F. Parker. of St. Louis, chief counsel for the Frisco; Judge A. R. Lawton, of Savannah, chief counsel for the Cen tral of Georgia; General George P. Harrison. of opelika, general counsel for the Western of Alabama; Colonel E. L.. Russell, of Mobile, vice presi- dent and general counsel for the Mobile and Ohio; S. R. Prince of Mo bile. district attorney for the Mobile and Ohio; John P. Tillman. of Birming- ham. district counsel for the Seaboard; A G. Smith. of Birminghami counsel for the Alabama Great Southern; James Weatherly, of Birmingham. counsel for the Southern Railway; Colonel A. A. wiley of Montgomery. counsel for the Atlantic Coast Line; R. D. Steiner, of Montgomery. counsel for the Central of Georgia: George w. Jones. of Mont gomery, district attorney for the Louis vilIe and Nashville.
 Admitted UnDreparedness.
 The state attorneys in speaking for continuance frankly admitted that they were not prepared to go into the hear ing They confessed candidly that they were not familiar sufficiently to ad- wise or suggest with the court as to what course should be pursued
 On the contrary the representatives of the petitioners were extremely con- fident of their position. In the argu- snents it was revealed that they had a thorough grasp of the merits of thelr contentious.
 Federal court convened at 10 o'clock yesterday morning. fudge Jones presid- Ing. General Harrison, counsel for the Western, introduced to the court and bar the visiting railroad attorneys. The court announced that he mad been ad- Vised that the State was nos prepared to enter into the acaring.
 Fight over Restraining Order.
 Attorney General Garber then made a formal motion that the hearing be continued for thirty days In order to