The Birmingham age-herald., 1907-11-28
Claims New Laws Are Simply
 AmendataIy h Nature
LAWS ARE UNCONSTITUTIONAL
No Method Provided Whereby Reason abIeness of Rates Can Be Deter n1ined-WouId Cost L. & N.
 $1o,ooo,ooo Day.

Montgomery, November 29.-( Spe- cial.)-The Louisville and Nashville Railroad company. the South and North Alabama Railroad company and the Nashville, Chattanooga and St. Louis railway have each filed in the United States circuit court a Montgomery supplemental bills in cases there al- ready pending between these several railroads and the railroad commission of Alabama. The Louisville and Nash vile Railroad company and the South and North Alabama Railroad company, in addition to the previous additions to their respective bills, have made the clerks of the several circuit and city courts parties to their bills. and have also made parties to their bills several shippers and persons who are in the habit of travelling upon their roads, and who have threatened to sue them for forfeitures authorized by the re- cent acts of the legislature to be re- covered against railroads for violating the freight rate acts.
 The Nashville, Chattanooga and St Louis railway has, in addition to the defendants to their original bill, made the solicitors whose duty it is to prose- cute misdemeanors in the several coun- ties through which it's road runs. and the clerks of the several circuit and city courts and of the courts in which misdemeanors are prosecuted and the sheriffs of such counties and certain persons who are h the habit of ship ping and travelling upon it's road, and who have likewise threatened to sue it fog forfeitures, parties defendant to their supplemental bill.
 Each of these railroads has obtained an order from the court superceding and suspending the operation of the eight new freight rate acts dDmmonly called the group ac.s, but which are spoken of in the bills of complaint as the commodity acts, and extending the injunction heretofore granted against the railroad commission re- straining it from reducing the rates in force upon each of the several roads that filed supplemental bills on the dates when the several original bills were filed.
 Obtain Extensions.
 The Louisville and Nashville Rail- road company and the South and North Alabama Railroad company have ob- rained extensions of the injunction against the solicitors aN,d sheriffs, and GaN6 ODld1neu d new restraining against the clerks by which the solic- itors are restrained from prosecuting the officers, agents and employees of the railroads for violating any of the new acts forming a part of the rate system, and providing for penalties and punishments for the violation thereof, and enjoining the clerks from receiv- ing or filing any suits to recover for
 feitures on account of such violations, hnp from, or placing such process in the hands of the sheriff or any other of- flcer for the purpose of serving the
 same. and enjoining the sheriff from receiving, serving or returning any such process, also enjoining the clerks from receiving or filing any affidavits
 complaints or indictments against any of the agents, officers or servants Of such railroads, or issuing any war rant or other process thereof, or plac- ing such warrant or other process in the hands of the sheriff or other officer for service, and enjoining the sherin from receiving, serving or returning any such process.
 The restraining order further re- strains and enjoins the particular ship pers and persons who have threa/ned to sue the railroad companies for vio- lation of the rate acts, for the trans portation either of freight or of pas sengers, and all other persons from gringing any such suit.
 The Nashville, Chattanooga and St. Louis railway has obtained original restraining orders to the same effect against the solicitors, clerks and sher- ifs of the several counties through which it's road operates, and against persons who are in the habit of ship ping freight and travefing upon it's road
 Merely Amendatory.
 The several supplemental bills attack the freight rate bills upon the ground that they are merely amendatory of the previous freight rate bill adopted at the regular session, and make no special change in the subject matter over which the United States court already had jurisdiction, and in addition to that upon the ground that they so classify the rail- road companies as to make them unjust arbitrary and discriminatory. It is pointed out by the bill that some of the railroads that were parties to the agree ment of settlement with the governor. whose earnings per mile greatly exceed certain other railroads who did not make such settlement with the governor, are placed in a lower class than such other roads and allowed to charge greater rate of freight
 The freight rate bills, and also the acts of the legislature which authorize the railroad Commissioners to fix rates for the transportation of passengers or