The Montgomery advertiser., 1907-11-28
JUDGE JONES
 ENJOINS STATE

l ENJ0INS STATE
 rates. have not been able to get any dividends. Under the new laws and
 the petitioner, the Central Trust Com
 pany. of New York. would be unable 1 to realize anything on its investment.
 The bill secured by this company en- joins all the agents of the Central of Georgia from putting the new rates
 into erect. For example, an order issued to 5ery agent of the Central | of Georgia at every station from Mont | gomery to Eufaula, enjoining them
 from carrying out the provisions of Il the acts passed at the extra seSsion. I The restraining order, like thoye se-
 cured by the Louisville and Nashville applies also to the Solicitors, the Sher- l ifs and the court clerks of the counties l through which the road runs.
 The fact that the billc filed by the Louisville and Nashville and its allied
 lines are supplemental bills. indicate | that fight will be made in the Fed
 eral court by the railroads to keep 1 on the docket the injunction proceed !! ings brought by the roads previous to the assembling of the extra session. | In other words, the roads will resist I being legislated out of court.
 l When the extra session was assem-
 bled the previous railroad act had been enjoined and suspended. Orders | had been given for the taking of tes- l timony to establish the truth or charge
 of the allegations made in the bills | filed by the roads that the Legislation was confiscatory because the rates were so low. The State had asked Tor
 several delays in the hearing or tnis | case.
 sion repealed most of the acts, either ] in part or in whole. This action IL was | thought would have the effect or apat- | ing all suits, pending in the ohiteo l States court. ,. 1 The railroads, through their suppie. | of inc legislation. They construe l as an attack on the Jurisdiction or the | ITritad States Court, saying that, aiteI
 suits were once brought in the court l and the issue joined, any attehpt .o 1 legislate the action out or cour. s,,rt .s rp
 In this connection it may be noteo | .hat Section 95 of the Alabama Consti-
 t,tion forbids the Legislature from ,a ssins any act to forestall the decree l pf a court, or of settling an issue al- readv joined in the court. This prov,s- 1 ion was inserted as Tesu,' .nar | once famous court house ngns oSeweo" 1 Co1nmbiana and Caiera. While Coiuin- l htana was fighting the case Tn the | co,,rts. A bill was slipped throush the 1 Legislature removing the Issue irolis l inc court and forestalling the action oi | the court. AS a result me Conss.u CoL.r. | tional Convention inserted provision l declaring that no case at issue Tn the | court should be settled or removed ny
 Action Was Expected.
 The filing of the bills applying TOT l the restraining order was not sur
 nrise. but there was something Of s,,rnrise in the form the litigation took. l If was conceded that restraining or | der should be asked for for the sus- 1 nension of the rate and passenger | laws but 1t was not so certain that the | railroads would resist the action or the | Legislature in endeavoring by an act | to remove from the Jurisdiction or the l courts. issues previously joined
 The railroads are insisting that these | suits are still pending in the court. re- | gardless of any action taken by the | Legislature. They contend that the | anti-railroad laws passed at the extra
 session are only amendatory or tne | acts of the winter session which were | enjoined and which were the subject or litigation still pending in the United States Court
 The bill vigorously attacks the al- legged unfairness of the classification | contained in the Group bills. The bills ailege manifest discrimination, in fa- | yor of the roads which went into an agreement with the Governor and against the roads which failed or re- | fused to enter into that agreement. The | bill alleges that the Alabama Great South ern was unfairly classed when 1t was put in the third class and allowed to charge at a rate 20 per cent higher than the rate charged by the Louisville and Nashville. It Is set forth that the Alabama Great Southern earned for the | fiscal year ending June 30, 1906, $l3,- 320.91 a mile, while the Louisville and Nashville, which is confined to rate 20 per cent lower than that allowed the Alabama Great Southern, only earned, exclusive of the North and South. ST. S79.7S per mile. 1.-The bills point out other items of thu classification which they contend are manifest discrimina- tions.
 AiIege Connseation.
 Tn the bills attacks are made on the acts providing for the enormous pen-
 alties for the failure or refusal of
 railroad company to put the freight and
 passenger acts into effect. It Is de-
 clared that the Louisville. and Nash-
 vile. if it refused to put the acts into
 effect, would be liable to penalties ag-
 gregating $10.000,000 day. The South
 and North, 1t is alleged. would be liable
 to penalties of $5.000.000 a day. It Is
 therefore contended in the bill, that un-
 less the, rates are suspended, during an
 Investigation as to their fairness or
 reasonableness the roads would be lia-
 ble to the entire confiscation of their property.
 It declared further that the bills
 make all the employees and servants
 of the company liable to arrest and
 Imprisonment for the failure of the
 road to put the acts into effect. These
 employees are telegraph operators.
 agents and conductors and it is con-
 tended in the bill, if the arrests were
 made as directed in the acts that it
 would be impossible to maintain any, thing like an efficient force for the operation of the roads. This would result in delaying the United States mail and the stopping of all freight It would also endanger the lives of all passengers on the trains.
 It Is pointed out that the same books and the same papers would be neces- sary for use in the defense of all ac- cused employees of the companyA As different trials would be going on at different times it would be impossible to defend all the accused employees. This was given as additional reason why the acts should be suspended.
 The bill affecting the Central of Georgia was filed yesterday by attor- neys representing the Central Trust Company of New York. It was filed