The Birmingham age-herald., 1907-11-28

In the Circuit Court of the United States for the Middle District of Ala bama.
 South and North Alabama Railroad Com- pany, complainant, vs. Railroad Com mission of Alabama, ct al defendants. Complainant having this day filed it's bill and supplemental bill of complaint in the above entitled cause by which, in ad- dition to the parties heretofore made de- fendants thereto, T. w. Smith, Sam W. Collins, McD. Cain, David Johnston, Henry N. Hughes, H. c. McPherson, Asa B. Fuller, w. K. McAdory, J. S. Giles pie, John G. Bradley, E. A. Dudley, James s. Fowler. John R. Dyke, W. F. Van diver, R. M. Henderson, H. F. Vandiver, and R. NJ. Vandiver, composing the firm of w. F. Vandiver x Co.,, the West-Ste- gall Grain and Milling Company Ca cor poration). B. I. Dahlberg, o. c. Maner. J. D. Brooks, and Horace Hood, are made defendants, and prayed, among other things, that certain rates in Said bill of complaint mentioned and referred to be superseded and suspended, and for an in junction pendente lite against the defend- ants herenabove speciiicall ynamed, and l against the deputy cr deputies of the de- fendants wbc e.e clerks of courts in the counties through which complainants | road or part thereof, is operated, and | against all other persons acting for or in | their stead or on their behalf, or by their | procurement, or that of either of them, | as clerk or clerks aforesaid, and against | all other shippers or consgnees of | freight, and all other passengers and all
 other persons similarly situated, and of l the same classes. respectively, or other ] wise, be granted:
 l Upon motion of complainant the 2d day ! of December, 1907, at 12 o'clock M., is 1 fixed for the hearing of said motion at tho 1 court room in Montgomery, of this, the | United States Circuit Court for the Mid | dIe District of Alabama: ss
 | Upon further motion of complainant, | and upon it's being made to appear to the | court that irreparable injury will be | caused complainant before the hearing
 of said motion for a supersedeas and sus- | pension of said rates, and for said writ l of injunction, unless the said rates are | forthwith superseded and suspended, and 1 said injunction granted: It is now or dered that the several rates fixed by the eight acts of the Legislature of Alabama, | approved November ---, 1907, each en- | titled alike, except as to the number or
 the group mentioned therein, and which 1 title except as to such number for which | blank is left reads as follows: An act | to fix and establish the maximum rate 1 to be charged by railroads now operated, | or which may hereafter be operated as | common carriers, in whole or in part Tn | the state of Alabama for the transporta- 1 ton, originating and terminating within
 the state. of certain articles. or commodi- | ties to be known as Group No. -, and 1 for this purpose to classify said raii- | rcads,'' be and the same are hereby sh- perseded and suspended until said mo-
 ton for supersedeas and suspension or | rates, pendente lite, and for the inJunc- | ton of like kind can be heard and deter mined and until the further order or thls | court.
 It is further ordered that the said sew l eral new defendants herefnabove naneo be enjoined and restrained, as prayed for l in said bill of complaint until complain l ants said motion for an injunction pen dente lite against them can be hearo ana
 determined.
 This order shall remain Tn force untii 1 tine determination of complainants mo-
 ton for d supersedeas and suspension of | the ra.es hereinaboye mentioned. and or | complainant's motion for an injunction
 pendente lite.
 Let a copy of this order be served upon
 each of the above specifically named oe- fendants, and a copy thereof be pup lshed in newspaper published In eacn
 county through which any portion or
 complainants railroad is operated, pro vided, however. that the failure to make
 such publication in any county or coun-
 ties, because no newspaper Is therein
 published, or because such newspaper re-
 fuses, upon reasonable terms. to publish
 the same or otherwise, shall not. In any
 manner. affect the validity or erect or
 this restraining order
 This 27th day of November, 1907. II THOs. c. JONES,
 ll-2S-r Judge U. s. Court