The Birmingham age-herald., 1907-08-06

Al lON LET
 A Montgomery. August 5.-(Spe- % ~ eial.)-Just before bed time attor- . < neys for the Southern railway said . . no action would be taken tonight . < on the matter of the revocation ' < by the state of the license of the . < company.
 %A~>~%%%%%%%~~ Montgomery, August 5.-tSpecial.)-IhSS impression prevails that there will be something doing in the contest of the state against the Southern railway by this time tomorrow, if not sooner. IL IS we'll known that several railway officials are on their way to the state, and as the governor seems to have made up his mind to act promptly the situation Is very in- tense. The conference at Birmingham to- day was rather a surprise to many, and IS taken to mean that prompt action is an- ticipated by the state authorities Mem bers of the military are beginning to take notice of the possibility that they may have to serve in the capacity of police to enforce the laws of the state
 After conference of assistant to the president of the Southern. Thompson, and other railway men here today it was said that no policy baf been decided up- on, and that events T'were being allowed to shape themselves 3. .Howevef. E. L. Russell of Mobile, vice nreAdent of the Mobile and Ohio railroad. came in early and joined Mir Thompson and 1t was given out quietly that others were headed this way. It was said also that there seemed nctT.us else~ for the Southern to do but fight the law. TO get back now would entail the payment of fine of S1S0OOO; to stop doing business In the state would bring about great loss and suffering to all the business enterprises along the lines.
 Road Is OutIawed.
 The Alabama railroad commission took cognizance today of the situation by re- fusing to consider a case wherein the Southern is concerned, because it Is held to be outlawed before the courts The governor has made it plain that he be- lieves that the law is being violated, and mas intinated that he will see that it is stopped if he has to call out the soldiers to bring it about, and the officers of the road seem to think that they are In the middle of a bad fix, not knowing just which way they are to turn. They might obey the law if they could withdraw the ease that was removed. In fact. the pe- lief is that they would be glad to do so. but with the act committed there seems nothing to do but suffer, unless there Is some power in the governor to annul the act.
 Secretary of State Julian does not think there is any way to take back tracH. He said today that the license had been revoked. He did not see any way 70 get it set up again save by payment of the fine. So any way seems to be bad way for the road, and the tip IS given tonight that it will have to and will fight.
 Commission Acts.
 The Alabama railroad commission today refused to hear out a case in which the Southern railway is the defendant, on the ground that the said railway com pany is an outlaw before the laws of the state, as a result of violation of recent act prohibiting the removal of a civil suit from the state to the federal court As consequence the case has been con- tinued until such time there is some sort of result from the license situation now on.
 The road was represented by J. s. B. Thompson of Atlanta. assistant to the president. while the citizens of Gaylesville, the plaintiffs in the movement, were look ed after by Gen. William w. Brandon, state auditor The people of Gaylesville have asked that the company be forced to give them a depot and regular service The officers of the road say that the road is spur line built to haul iron ore and never intended to handle pas sengers and give a regular service, and that there is not enough business at Gainesville to justify the accommoda- tions
 After the citizens had made their state ment MT. Thompson made the point that his road having been declared outlawed he did not see how any action could be taken It struck him q rather unique situation and he did not see as a mat ter of fact just what could be done. He had, however, given the side of the road in the matter and pointed out that he thought the business was not such as to justify better accommodations But with the situation as 1t is. he was in the woods so far as knowing what can be done.
 GaylesviIle Citizens.
 Galesville had the following gentlemen here to represent the interests of the town: c. B. Russell, J. B. Chestnut A. D. Hudson, Dr. Robert McWhorter and Col Charles Battery. They made a show ing that the station received 10000 to 10000 tons of freight year, and would, if allowed to do so, ship out as much as 1000 bales of cotton with other freight fin addition to the iron ore movements. They thought they ought to have better showing in the way of facilities and pri- vately it was stated that they believed the road would give them facilities when the facts were fully known.
 Commissioner Nesbitt made the motion to defer the matter until a later day and was supported by Major Harris. President Henderson thought that as the road was still doing business In the state il might be thus far controlled, as it was very plain that the commission had the right to regulate the matter. How ever, the others overruled him and .he
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