The Montgomery advertiser., 1907-05-09

as ExhfbftS u ana e to this Dill OF
complaint lists of it's rates existing
creased prior to February 9. 1907, said
exhibits show dates when each rate
was established, and the amount there
of. and also the rate as 1t has been
Increased. and existed on March %,
1907, and complainant AYERS that each
of said rates as It existed on the first
day of January, 1907. was unreasonably
low. and, did not yield to complain
ant just compensation for the use of
It's property devoted to the service for
which said rate was charged, and that
each of said rates as it, existed upon
the 25th day of March. 1907. was rea-
sonably low, and was Just, both to the
shipper and to the complainant, and
did not yield to complainant more than
a reasonable and just compensation for
the use of It's property devoted to the
service necessary to earn the compen
sation resulting therefrom."
Time i'm the Other Two.
Now, may 1t please your Honor, pre-
termitting the other cases where we
are ready, as / say, admitting in those
instances, the equity of the bills, and
that under the general rules of the
law an injunction should follow the
restraining order, and should he made,
but the amendment contains in those
paragraphs filed by the Louisville and
Nashville and the South and North
are such that we as counsel for the
State and people cannot afford unless
we have further time to make a show
ing right now.
The Court--How much time do you
wish?
Mr.. Garber--I think thirty days
would be reasonable time.
The Court--What does counsel on the
other side say to that?
Mr. Smith--We do not want to OPP
press the gentlemen by springing sur
prises, and If they want any time. give
1t to them.
two cases will be postponed thirty
days.
Mr.. uGarber--I want to state that
we feel the responsibility. so keenly
so far as the people are concerned that
we think we should be allowed proper.
time to make a showing.
The Court--The court has already
allowed the time you ask.
Mr.. Smith--We have no objection to
range it so that 1t will not conflict
with special engagements of counsel.
If 1t is to be twenty-five days or forty
days that would be all right.
The Court--We will arrange that in
chambers. 1t Is understood they shall
have the time.
Mr.. Smith--All the time they want.
and as much as they want.
Mr.. CARRIER with the bill as
amended some of them show increases
of nine hundred per cent.
The Court--T one question before
the court has been decided. There Is
one other matter the court would like
to have al gued, as soon as counsel can
conveniently do SO. Ten of these bills
pray for an injunction to prevent the
enforcement of the statute that for
feits the right of these foreign cor
porations to do business In this State
after the filing of these bills in this
court. Now the court would like. at
some convenient time to suit counsel,
to have that matter argued and decid-
cd. That is not question OF fact at
all, 1t Is a cold-blooded question OF
law.
Judge Humphrey--we are prepared
to go on with that argument at any
time counsel on the other side Is
ready.
As to Terms Of Injunction.
Judge Walker--I will state to the
court that the State does not ask for
a modification of the temporary In
junction in terms as used by the
court In the restraining order in ref
erence to that matter; in other words,
the temporary injunction sought mere
now SO far as tho State is concerned
may issue in the terms of the re-
straining order as to these ten cases.
The Court--That Is with the parties,
it is not for the court.
Mr.. Smith--Of course, we haven't
any objection 10 them remaining IN
court.
Judge Walker--The defenses in each
of the cases we propose to make by
answer, and we recognize SO far as
this litigation is concerned, that 1t
is a question of fact.
The Court--The answer I suppose,