The Birmingham age-herald., 1907-05-09
Judge Jones Temporarily EnIoins State from Enforcing
 Regulations
THE L & N CASE POSTPONED
Introduction of New Matter Causes Thirty-Day Postponement. on Re- quest of Attorney Gen
 eral Garber.

Montgomery, May S.-tspeclal.) )--Judge Thomas G. Jones, sitting as judge of the United States court for the Fifth circuit. today granted preliminary injunctions on the part of the railroads in Alabama, re- straning the state from putting into operation rate and regulation laws passed by the session of the legislature now in recess.
 Because of the introduction of new mat ter a postponement of thirty days was taken in the case of the Louisville and Nashville and the South and North, these lines not having observed the maximum rate law which requires that no road shall charge more than was charged on the first day of last January.
 In asking for continuance of these two roads Attorney General A. M. Garber made the statement that the state was prepared to meet the allegations of the bill as originally filed, but the amend ments presented and to be made. part of the bill were of such importance to the people of the state that they could Hol get lHlD lHtiu al once.
 It was indicated in the papers that some of the rates had been increased while tho maximum rate bill was pending as much as 300 per cent and that as none of the other lines had raised charges this way 1t was too great an advantage to allow this one line
 The return on the bills and thessranting of the order will be made on the first day in June which will be the first Tues day.
 June 12 is the day set for hearing on the Louisville and South and North cases.
 Assembling of Court.
 When court was assembled at l0.05 o'clock this morning the attorneys for the various railroads and for the state were in their places
 Judge Thomas c. Jones. presiding stated that in order to expedite the matter in hand the docket had been cleared of all other business and all the time will be allowed each side for presentation of cases involving the resstence of the rail- roads to recently enacted laws.
 The Judge announced that the first question was whether or not a prelimi- nary injunction should issue restraining the state from putting into operation the laws which the railroads contend are of such nature as to prevent them making any money on their investments.
 The first announcement came from Gregory L. Smith, of counsel for the Louisville and Nashville, in the shape of amendments to the original bill. In these were set out changes in rates made dur ing the pending of the maximum rate bill by items, corrections of clerical er- TOTS among which was statement oc the bonded indebtedness of the South and North at $11,OOO,0OO instead of s9,OOO 900, as before given.
 Certain minor amendments with regard to the Seaboard were filed by John P. Tillman.
 Judge s. D. Weakley of counsel for the state, asked time for consideration of these changes and corrections and court was recessed for half an hour.
 Attorney General Opens.
 After reassembling of cont Attorney General A. M. Garber recalled the brief history of the case and recited that the state would not resist a preliminary n- junction in the cases of the ten roads which did not raise rates during the pen dency of the maximum rate bill in the legislature He said that under the ruling of the supreme court there was nothing else the court could do. Objection was made with regard to the Louisville and Nashville and South and North, on which raises of this kind were made.
 It was shown by the attorney general that the amendments composed large rate tables which would require much time to examine and work out. On such 8 showing and on application of the att torney general the court granted thirty days in which to allow the state time to answer the amendments of the Louisville and Nashville and the South and North.
 The court at the same time announced that preliminary lnjunctions would issue on the application of the ten roads about which the state interposes no objections. These roads are the Atlantic Coast Line, the Seaboard, the Western of Alabama, the Alabama Great Southern, the Mobile and Ohio, the Central of Georgia the Atlanta and Birmingham Air Line, the Kansas City, Memphis and Birmingham, the Nashville, Chattanooga and St. Louis.
 Col A. R. Lawton of the Central of Georgia desired that nothing be included in the orders to prevent at later date resistence to the bill providing that rates of January be maximum rates.
 Objections by State.
 For the state Judges S. D. Weakley and R. W. Walker replied that no such action should be taken; that it was the purpose of the state to at once put the case to issue and get at the taking of testimony as quickly as possible.
 Judge Walker did not desire that the order should contain any right that any road should come in and make rates other than what now exist; hence he thought it correct to leave it out of the order entirely.
 Judge Jones said that the preliminary injunction as applied to the ten roads would be in the terms of the restraining order With regard to the matter in controversy he thought that there was