The Montgomery advertiser., 1907-08-16

M. GarbeE, the Attorney General of the State. in defending this cause. and the Attorney General of the State of Ala bama. and said special counsel, have appeared in said cause under such em- ployment. and are representing the defendants herein, and yet His Excel
 srecy. the said Braxton B. Comer,' q 'rrnor aforesaid, has recently on va 'ous occasions, and In varying lam guas, since the filing of the bill Of complaint in this cause. and since said order suspending safd rates and re- straining said parties. and all other officials of the State as aforesaid. openly and publicly, repudiated the right of this honorable court to make said order and declared that said or der does not operate to suspend the several rates fixed by said several statutes, and has openly and public ly declared that the making of said order by this honorable court is in violation of the sovereign rights of the State of Alabama, and declared. in spite of the suspensTon of said rates by said order of this court In this cause. and the fact that the en- forcement of said rates has been re- strained and enjoined as aforesaid. that every time a railroad has, since said order was made, charged great CT rate than that prescribed by either of said acts, and it's officers, agents and servants. by charging, demanding and receiving such greater rates, have committed criminal offense, and that every time any such railroad or eith- CT of it's officers, agents or servants hereafter makes such charge, it and they, are guilty of a criminal offense, and that for each of said offenses they. the said railroads. their officers, agents and employees should be arrested, in- dicted. convicted and punished by the courts of the State, ana that 1t Is the duty of the solicitors and other pros- ecuting officers of the various coun- ties in which any of said railroads, including that of the complainant. is operated, to indiet and prosecute said railroads and their officers, agents and servants from making said charges in excess of said rates. and that 1t Is the duty of the several courts of the State of Alabama to convict and punish said railroads, It's officers. agents and servants therefor without regard to. or respect for. the order of this honorable court made in this cause suspending and restraining and enjoining the enforcement of the sev- eral rates prescribed by said several statutes. and he has openly and pub licly declared his purpose to advise and instruct the several solicitors and other prosecuting officers in said seY- eral counties to ignore the said order of this court in this cause suspending and restraining and enjoining the en- forcement of said rates, and to cause to be arrested indicted and prose- cuted, said several railroads, including complainant, and their officers. agents and servants, for each charge made by them or any of them, in excess of any of the rates prescribed by said several acts. Among other things, His Excel lency, the said Braxton B, Conner, has declared that every tune "a ticket Is sold for more than two and half cents a mile, the railroads violate the law, and the person selling the ticket com mits a misdemeanor. and 1t is the duty of every court to so charge the jury. and the duty of every solicitor to make out a case.
 ''The Southern Railway Company filed in this Court its bill of complaint making allegations similar to that made by complainants in the above eh- titled cause, and obtained from this Honorable Court & restraining order identical in purpose, effect and scope, with that obtained by complainant, in SO far as said order relates to sald