The Montgomery advertiser., 1907-11-28
Condition Same as Be fore Special Session. SHIPPING AND TRAVELLING
 MEN ALSO EW0INED Four Roads Participate in Pleas
 for Injunction. State officials Restrained. from Taking Any Steps Whatever Towards Enforcing Law, and Calls on state to Show Cause Why
 Injunction Shall Not Be
 Made Permanent.

The anti-railroad laws passed at the extra session of the Alabama Leslsia- ture were suspended so far as tney relate to the Louisville and Nasnvllle' the South and North, the Nashville, Chattanooga and St. Louis, and central of Georgia, by restraining order issued yesterday afternoon from the United states Court of the Middle District of Alabama by Judge Thomas C. Jones.
 The anti-raflroad code was sus- pended temporarily, for an investiga- tion of the allegations made in the bills filed by the roads that the new laws were confiscatory and unconsti- tutional. The restraining order Tor the Central of Georgia was made re- turnable on December 16, when the State Is expected to make it's answer to the allegations contained in the bill. At this time former Senator John C. Spooner of Wisconsin. con ceded to he one of the most brilliant men of the country. will appear to argue the case of the Central of Geor- gia. Senator Spooner's name was signed to the bill which brought into court the interests of the Central of Georgia. The order in the case of the Louisville and Nashville is made re- turnable December 2.
 The restraining order is directed particularly to the .Sheriffs and Solici- tors and the Clerks of the Court of the counties in which any one or the roads named in the bill are operated. 1t restraints also all citizens from att tempting to enforce the laws. United States Marshals last night began the hurried task of serving on the officials named in the proceedings copies of ; the restraining order z
 status Now the Same,
 The new anti-ratlroad legislation Is In exactly the same condition as tic Legislation passed at the winter ses- sion was before the conveninR of the extra session. The acts have been suspended, the State has been directed 10 appear and make showing that the restraining order should not become permanent injunction.
 In spite of the carefully and adroit- ly drawn special acts to prevent the roads from going into court, the attor- neys had but little difficulty in hndinY a way open for attack. The chief de- pendence of the Governor and his lteu- tenants to prevent the securing of an injunction was in the acts allowing any passenger to bring any kind of suit. for the refusal of a road to sell passenger tickets at the statutory rate and to allow any shipper to bring suits for damages against the road
 
 the rate allowed under the statutes. The anti-railroad code contained criminal provisions. punishing agents or officers of roads who refused to carry passengers or freight at the statutory rate. Some of the law makers believed by thus scattering the enforcement of the acts, by making them enforceable by any citizen of Alabama, no injunction or suspension could be granted whereby the laws could be held up.
 Bat these acts. on which so much dependence were placed, seemed as much open to attack as the acts pass ed at the winter session. The road which wanted the injunction simply prayed through its attorney that some person who was liable to become a passenger on the road should be en- joined from acting under any of the passenger acts. At the same time. the prayer was made that all persons should be enjoined from proceeding under the act.
 Shippers Enjoined.
 The same course was followed in enioining the freight acts. Some prominent shipper was singled out and made defendant for an order restrain ing him and all other persons from at- tempting to carry out the provisions of the acts. Upon the showing made in the bill, all persons in Alabama were enjoined from taking any legal action under the new acts.
 In its bill the Louisville and Nash vile picked out the large wholesale firm of w. F. Vandiveri & Co.,. of Montgomery. and prayed that the indi- vidual members of the firm be re- strained from endeavoring to enforce the acts as passed by the Legislature. Several other well known men of tT1 fn junction proceedings. as citizens who should be restrained from acting un- der the legislative acts.
 The Central of Georgia named l. Cell ner, a well known travelling man. of Montgomery. as person of whom 1t was afraid. believing he would bring suit if he was refused a ticket at the statutory rate. The Central bill names Greil Brothers. one of the largest wholesale firms of the State. as ship pers who may seek to enforce the new rate laws.
 While the form of the litigation pur- sues the sane general lines as that instituted last March. the bills yesl terday were of a different phase. The Central of Georgia, in the case in which 1t is so much interested. Is made the defendant. The plaintiff is the Central Trust Company of New York. the own CT of the second preference mortgage bonds of the Central of Georgia. AS owner of these bonds the Trust Com- pnny contends that it's interests will he ieopardized if the road puts in the rates as prescribed under the new act It prays' the judge to restrain the road from taking any such action. In this particular the litigation differs from any previously inaugurated to test the new anti-railroad litigation.
 Small Earnings.
 The bill contends that under the olc rates the road has not earned enough to pay the interest on the bonds ano the stockholders. even under the olt