The Birmingham age-herald., 1907-03-31
FIRST SET BACK GIVEN RAILROAD
 REGULATION LAW
CONTINUED FROM PAGE ID


 movement would be made by the state to the damage of the roads. If it should be done the roads may come in at the time of such action and get a restrain ing order without opposition on the part of the state.
 Judge Weakley said that he could add little to what Judge Walker had pre- sented. The attorneys for the state were absolutely unable to post themselves on features of importance in the bills. He did not know what sort of g. bond should be required, nor was he able to say that a bond was able to provide relief needed by the people. He argued the possible technical difficulties of the situation and contended that the state should not be forced to operate under an order issued as result of conditions with which the state is not posted
 Mr Smith said that the rates in effect on January 1 were not the rates on the day the maximum rate law went into ef- feet.
 Mir White asked if the rates were not raised in anticipation of legislation.
 MT. Smith replied that certain interests had tried to take advantage of the situa- ton to secure property of the railroads without reasonable compensation.
 In answer to a question 6f the court, Mr. Smith said that the roads desired pro- lection against the maximum rate bill, which in effect caused reo ouction of the rates of the lines.
 Attitude of Court.
 The court ntimated that it was willing to take the assurance of the states at torneys that nothing to the hurt of the roads would be done. hut MT. Smith argued against it. lie felt that these as- surances were such as the attorneys had no right to give, tough he would trust either one of them personally, in any wa, but they are bound by the act under which they are employed.
 Mir Smith closed by saying that with the law and the bonds every right of the slate and citizens is fully protected.
 Horace Stringfellow arose to make some suggestions and to argue the proposition that more time be allowed before issu- Ing orders restraining the state. }I Judge Jones asked MT. Stringfellow tDome questions. He seemed to think the aArgument to the effect that the bill mak- Ing the rates on January 1 the maximum irates should not be included in any or Ter. was good, but that the compliments had reason to hope for protection against an avalanche of suits that might be filed If the order should not be issued. MT. Stringfellow said the state would not make any trouble and the filing of ,ne suit would be the signal for the is- lsuance of the restraining order. ] Order Is Granted. l After the talk MT. Stringfellow, i Judge Jones announced that he would Il grant an order in the nature of that applied for by the railroads and would adjourn court until the afternoon in order that at conference of the attorneys the matter might be worked out He was inclined to the belief that the order sug- rested and read by the complainants was aot in all respects what he wanted but h the main it was.
 The judge said that they owe duty to he citizens and they have not the right 10 fix rates in the light of their own earnings or the amount of their debts. put with a view of what is right and reasonable to the public However. when he railroads come r and say that laws passed are coniscatory and to enforce them would be to ruin the roads, the ,ail roAs had right to time to make rood such a showing As the two sides To not agree. it is the plain duty of lh, court to see that time is given to