The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-26
ALL RAILROADS
SEEK INJUNCTION
Cases Set for Hearing Before
Judge Jones Saturday
THREE ACTS C0MBATED
Roads Seek to Set Aside Maximum
Rate, General Rate and Classifi-
cation and ACCENT
Bills.
THREE ACTS COMBATED

Montgomery, March 25.-(Special)- All or
the railroads doing business in the state
have filed application for injunctions in
the United States circuit court for middle
district of Alabama, praying that the
state of Alabama be prevented from
putting into execution certain laws passed
by the state and about to become enec-
tive by stipulation of statute in some
cases and in effect in others. me prlh-
cipal facts combated, however, are the
maximum rate, the general rate and Gas
sification bill and the two and hat cent
passenger fare.
The papers were filed by attorneys OF
the various lines in the court today, the
presiding Judge being Thomas G. Jones.
In response to petitions Judge Jones set
Saturday, March 80, as a day for nearing
both sides as to whether or not an injune-
ton of q temporary nature Will ISSUE
giving time to secure evidence In apphca-
ton for permanent restrictions. me Or
der of Judge Jones was issued on the ap-
plication OF the Mobile and Ohio, though
II is the same in the case of all the lines.
1t is as follows:
mobile and Ohio Railroad company,
complainant. VS.. the Railroad Commission
ers of Alabama and Charles Henderson, the
president, and William ID. Nesbitt ana
John G. Harris, the associate members
and who are sued as such president and
members of the railroad commission Oh
Alabama, and Alexander M. CARRIER, the
attorney general of the state of Alabama.
who is sued as such.
Upon consideration of the verified bill
in this case, and on motion Of the COM
plainant:
ut Is ordered that the defendants and
each of them show cause before the court
in the United States court room at Mont
gomery, Ala, at 10 O'Clock, a. M. on
Saturday, March 50, 1907, why injunction
pendente lite as prayed in the bill shall
not be issued. Let a copy of this rule
be served instanter upon the railroad COM
mission of Alabama, let this rule to
show cause be served upon each Of the
defendants personally as soon as prac-
ticabe'
The railroads taking part in the filing of
the papers are the following: Louisville
and Nashville and the South and North;
St Louis and San Francisco, by the Kan
sas City Memphis and Birmingham; Ala
bama Great Southern; the Southern Rail
way; Mobile and Ohio: Central of Georgia,
Western of Alabama; Atlantic Coast Line;
Nashville, Chattanooga and st. Louis. and
the Seaboard Air Line to the extent of the
Atlanta and Birmingham addition.
1t is expected that the Seaboard main
will N n Will thb
Mobile Jackson and Kansas City.
The Law Attacked.
The three bills which all the lines attack
are the following: General classification,
in which the railroads are classified, com
modities classified and rates fixed on
l07 commodities, to become effective on
April 2; act reducing the passenger fares
from. to 2la cents, to become effective
April IA; act making the rates that eX-
listed of every class and kind on Jalu-
airy l. last, the maximum rates, effective
after its passage. Some of the bills attack
the law by which license il forfeited IL
suits are taken from the state courts to
the federal courts, and also the general
railroad commission act, in so much as 1t
applies to put any of the distasteful act
into effect.
1t Is alleged In the bills filed that the
rates and charges allowed in the bills
complained of would be confiscatory; that
they unreasonably reduce the revenue of
the companies and that to enforce them
would be to force service for which no
adequate return is made, all of which is
in violation to the constitution of the Uni
ted States, which prohibits the taking of
the property of any person or association
OF persons without reasonable compensa-
ton. 1t Is shown In the papers how much
each one of the complaining corporations
would lose. In the case of the Louisville
and Nashville the amount is set at s432,-
900 in the state each year; the Central OF
Georgia 100000, and none of the lines
less than $4,000 This is held to be con-
fiscation of the property of the complain
ants.
General Agreement.
The action taken today was In response
to a general agreement. There was moth
i,o olsa for tls To do said Gen, George