The Montgomery advertiser., 1907-07-28
TEMPORARY ORDER GRANTED
 IN THE MOBILE DEPOT CASE
rhis matter cominr on to be heard

This matter coming on to be heard
 upon the motion of the complainant for a preliminary injunction as pray
 cd for in the bill of complaint the de-
 fendants. through their solicitors of
 record stipulated in open court that
 no action should be taken against the
 complainant for it's ia lure to comply. 1 in any respect. with tho order of the
 commission contested In and by the
 bill of complaint pr.or to the first day | of October. 1907. which is within the
 period of ninety days from the date
 ed in and by said bill of complaint. and 1 thereupon the said ton for said pre-
 liminary injunction was submitted to the court upon briefs and such afff-
 davits as the parties to said cause
 may see fit to file. such briefs and af-
 fidavits to be filed within thirty days from this date.
 And it being made to appear to the court that irreparable injury will be caused complainant before the determ- nation of its said motion for sus- pension of said order said railroad commission contested in said bill of complaint, and the granting of the pre- liminary injL-.ction for: It Is ordered that the railroad commission. Charles Henderson, president. William D. Nes- bitt and John G. Harris. associate mem-
 bers of the railroad commission. and each of them separately and individual Iy and Alex M. 0arber. attorney ge-i- eral. are restrained and enjOined. un- til said motion can be heard and de- termined. from bringing or prosecut- ing any action or proceedings, civil or criminal, against the complainant for forfeiture of its right or license to do interstate business in Alabama, or for penalties o rfines or damages for any cause of action whatevci on account of the complainant filing its bill of complaint in this cause or in- stituting its action in tnfs court; and also from instituting or bringing or causing to be instituted or brought. any suit or proceeding either at law or in equity, civil or criminal, for pen- alties or otherwise against the com plainant or any officer, agent or em- ploye of the complainant for the pur- pose of preventing or hindering tho complainant or an.' cf its officers. agents or employees from carrying on the business of transporting passen- gers and freight within the State of Alabama, notwithstanding the disre- gard by the complainant of the inhi- biuon contained in an act of the Leg islature of Aiaba ma. approved Febru. ary 23, 1907, entitled An act to create a railroad commission to be known as the Railroad Commission of Ala bama: define it's dI .ies and powers and provide for its mode of procedure, and prescribe l snalties for violation of its orders," prohibiting any foreign cor poration from bringing or removing suit into the Federal court or on ac- count of tho complainant's disregard of the provision of an act of the Leg islature, approved Marcn 6, 1907, en- titled An act to provide for tho re- vocation of the license or right to en- gage in or carry on the business of the transportation, orig mating and termin- ating in this State. of freight or pas- sengers of any foreign corporation which is now engaged or which may hereafter engage in sucn business or the business of common carrier in this State in the event such corporation shall for any of the purposes specifi- ed in this act, institute in any Federal court any suit or proceeding, or shall remove or couse to be removed to any Federal court any suit or pro- ceeding instituted in any State court. for any of the purposes specified in this Act" or any other act of the Legislature of Alabama attempting to deny to the complainant the right to bring its suit in this court or prohi- biting 1t from carrying on its busi- ness in the State of Alabama, by req son of the bringing of this suit; and from doing any act or thing whatever in pursuance of said act approved Feb ruary 23. 1907, in so far as that at puniishes this complainant for bring ing u is suit in this court or under the act approved March 6. 1907. to the same purport.
 This restraining order shall remain in full force until the determination of complainant's motion Tor the interlo- cutory injunction herein. provided however, that the complainant shall. within three days from this date. ex- ecute bond with surety 70 be approved by the judge. in the sum of $5.000. 4y- able to the defendants, conditioned to pay all such costs and damages as the State of Alabama or any person may sustain by the wrongful issuance or this restraining order, should the same be dissolved or dischflarged becaule of having been wrongfully issued. or the issuance thereof otherwise finally ad- iulIcated to have been wrongful.