The Montgomery advertiser., 1907-12-01
Files Petition to Restrain
 State. PLEA IS SAME AS IN
 TWO PREVIOUS CASES Judge Jones Restrains Enforce
 ment of Laws. Governor Was At Hts once Yesterday, But Declined to Taik--Rumors of Lack of Harmony Among
 states Attorneys.

The Western Railway Company or { Alabama yesterday asked for and was granted its share of the protection against anti-railroad legislation or the extra session of the Legislature, wnicn road declared in its bill to De uncoh- stitutional and confiscatory.
 The Western was granted the same restraining order allowed the Louis- vile and Nashville and the Central or Georgia. The restraining order applies especially to the clerks. sherins ana which the Western runs. But like the restraining order granted the other roads, it is broad enough to forbid any person from attempting to enforce the acts involved in the litigation In the Federal Court.
 Governor Conner was busy through out yesterday at his desk. with the many matters that had accumulated during his short hunting trip in Bar bour County. He did not discuss the bills filed by he roads or the re- straining orders issued by Judge Jones. Questions were asked him on the new phase of the controversy, but. true to the policy he has adopted for himself, he refused to enter into any discussion of the situation, or to issue any state ment. The announcement was made. how ever. that a conference between the Governor and the attorneys for the State would be held Monday in Bir- mfngharn. At this time the whole field will be gone over and the new devel- opments given careful consideration. The course of action to be followed will be determined at that conference. and 1t is within the range of possibilii- ties that the attorneys may make : definite statement as to the policy that will be pursued by the State.
 Hasn't ashowed Its Hand.
 The State has not as yet defined clearly it's position in the pending con troversy. The State has not showed Its hand" As a matter of fact, the State has only opposed successfully one case in the Federal Court. This was in the case of the Louisville and Nashville when that road sought to restrain the State from forcing 1t to maintain as its. maximum rate on twenty-nine articles the rate that was in effect on January 1. 1907, instead of the rate that was in effect on the approval of the maximum rate bill. March g. This particular case the State opposed. The court. after hear ing the side of the State, refused to great the injunction.
 Until now the policy of the State In reference to the cases in the Federal Court has been undeveloped. Consider able interest, therefor, attaches to the which some announcement may be made.
 It was also said authoritatively that former Justice Richard w. Walker was no longer associated with the case on behalf of the State. Judge Walker, whose home is in Huntsville, was em- ployed by the Governor as soon as the litigation was inaugurated and he has been among the counsel of the State un- til few days ago. It was said that he withdrew from the case because his law partner, State Senator R. E. Sprag- ins, was attorney for the Nashville, Chattanooga and St. Louis Railroad. time during which Judge Walker was actively engaged as counsel for the State in the Federal Court.
 Attorneys Dissatisfied.
 In legal and State governmental cir cies for some weeks past there has been gossip that all the attorneys for the State were not in entire accord on every proposition involved in the litigation. There are so many phases, so many propositions to the litigation that 1t would be surprising, if all the attor- neys agreed on every phase of the liti- gation. The gossip has had it that there have been some differences of opinion, but it is said with some au- thority that the differences have never been serious or material
 The retirement of Judge Walker will no doubt mean the retention of another prominent attorney of Alabama to as- sist In caring for the States interest. He may appear at the conference in Birmingham. The attorneys looking after the States interests are Attorney General A. M. Garbcr, former Chief Jus tice S. D. Weakley, H. c. Selheimer and Horace StrinSfellow.
 Captain Frank S. White, the well known lawyer of Birmingham, who managed the campaign of Governor Go. mer during the primary last summer, is generally recognized as a legal adviser of the Governor, although he has not been in active connection with the case