The Birmingham age-herald., 1907-11-28

In their defense the burden will be thrown on them to prove affirmatiVely that the rates for passenger and freight charged by it are reasonable and just, and that the rates imposed by the acts are unjust and unreasonable The ques- ton as to what are reasonable rates for freight and passenger traffic Is an ex- eeedingly difficult one and requires for its determination inquiries Into numer- ous questions and proof which requires many witnesses and a great deal or sta- tistical evidence. Under the terms or the penalty acts passed at the special ses- sion the Central of Georgia Railway com- pany, if it shall charge higher rates for passengers or freight than those imposed by the passenger rate act and the new commodity rate acts, will be subject to civil actions for forfeiture in every eoun- ty In the state through which IL oper- ates its railroad, and such actions may be brought by multitude of different per- sons. The defendant railway company, under the terms of said acts, will incur a penalty of 5000 for each offense and will subject itself to penalties and suits within the limit of a single county to such a large amount as to practically amount to confiscation of it's property.
 Blanket Prosecution.
 
 of the railway company, under the terms of the acts, may be prosecuted for mis- demeanors and fined in every county in the state through which it operates it's railroad, and the said agents, by viola tion of the said acts, subject themselves to prosecution for misdemeanors for each and every offense.
 The same witnesses, the same books and the same documents will be needed as aVi1an0ea In all of fbaSQ The penalties, prosecutions, civil fortitures and actions for damages will be so large in amount, so numerous, and may be tn- stituted in so many independent and different jurisdictions at the same time that it will be physically impossible for the railway company and it's agents to defend these actions.
 The bill alleges that the various solici- tors, clerks and sheriffs will, unless in- joined by the federal court, institute number of separate actions against the railroad company and its agents for Vio- lations of the acts, and that should the agents of the railway company be thus arrested from day to day they would be arrested to perform their duties and that both local and interstate traffic on tho lines of the defendant railway company would be seriously impeded, if not altos gether stopped.
 Acts Unconstitutional.
 The bill then charges that the entire scheme of the legislation enacted at the recent special session of the legisla- ture Is unconstitutional, null and void, and prays for an injunction restraining the putting into effect of the rates pre- scribed in the passenger and new com- modity rate acts; restraining the railroad commission from reducing the rates now In effect upon the lines of the defendant railway company, or from attempting to compel the railway company to put into effect or charge any rates less than those now charged by it. It also prays that the various solicitors, sherlffs and clerks. who are made defendants to the bill, may be enjoined from bringing any action against the railway company or it's agents, either of a civil or criminal nature, to compel them to put into effect the new rates, or to hold them civilly or criminally for any failure by them to adopt the rates prescribed by the new legislation.
 Jones Signs Order.
 Judge Jones this afternoon signed an order temporarily suspending the rates in question and enjoining the railroad commission and the other state officials who are made parties to the bill from bringing any action against the railroad company or it's employees, based on any alleged violation by them of the terms of the several acts referred to in the bill. The order provides that argument upon the question, as to whether it shall be continued until the final decision of the case, shall be heard on Monday De cember 16, unless the defendants ask for it to be heard sooner. It Is expected that the argument on behalf of the Cen trai Trust company on December 16 will be made by Senator J. c. Spooner
 Counsel for the complainant calls at tention to the power of the court to sen- tence for contempt any violator of this restraining order, which sentence may extend to five years in the penitentiary. Attention is also called to sections of the revised statutes of the United States, which make it criminal offense for any one to conspire to violate this re- straining order, or to do anything to interfere with the processes of the court.
 The Restraining Order.
 In the Circuit Court of the United States
 for the Middle District of Alabama
 Central Trust Company of New York,
 Complainant, against Central of Geor-
 gia Railway Company, and others, De
 fendants
 Upon consideration of the verified bill of complaint in this cause, and on mo- 
 Central of Georgia Railway company, ap- bearing and waiving all objection to the jurisdiction of the court, it Is ordered, that. until the further order of this court:
 l. The rates fixed by the act of the leg islature of the state of Alabama, ap- proved February IA, 1907, entitled An ac- to prescribe and regulate passenger rates of all railroads other than street railroads carrying passengers betweem points with in the state of Alabama" and the eight several acts of the legislature of the state of Alabama, approved November 23, 1907, each entitled An act to repeal an act entitled an act to fix and establish the maximum rate to be charged by railroads now operating oU which may hereafter operate as comuDn carriers in whole or in part of the state of Alabama for the transportation, originating and terminating in the state of certain ar ticles or commodities to be known as group - and for this purpose to clas- sify said railroads, and also the rates fixed by the order of the railroad com mission of Alabama, dated. November 20, 1907, rejecting joint passenger rates in 50 far as the defendant, Central of Georgia Railway company is affected thereby be and they hereby are suspended, and the taking effect of any of the rates fixed by the said acts and order oi- any of them, in so far as the defendant, Central of Georyia RnfIunv comnauv is affected