The Montgomery advertiser., 1907-05-06
BATTLE OVER
CONFER BILLS
Another Round in Big
Railroad Fight
COURT HEARING WEDNESDAY
Judge Jones to Pass On Permanent
Injunction.
Erainent Counsel for Roads and for tbs
State Grapple With the In
tricate Legal Questions
Involved.

Another round in the fight to the
finish between the railroads and the
state of Alabama will be fought next
was fought March 2s. At that time
the railroads placed men in the ring
OF national fame to battle against the
bill fathered by the Governor of the
state, the object of which are to de-
crease the passenger and freight rates
In Alabama.
The railroads made a strong fight and
brought every influence to bear to de-
feat a bill which was introduced into
the Legislature reducing the passen-
ger fare to 1-2 cents a mile. instead
OF 3 cents. This bill was an admins
tration measure and the Governor
WHIPPED the Legislature into line on
Its passage.
The opposition which has been insti-
tuted by the railroads has grown out
Of the assertion that they could not
operate with profit at less than the
original passenger and freight rate.
Bills of complaint were filed by all
the leading railroad lines of the South,
but the legal fight has been centered
on that filed by the South and North
AtADdIla ftdllTOdO company. Ihey
are directed against the Railroad Com
mission of Alabama. Charles Hender-
SON. the President; William d. Mes
bitt and John G. Harris. associate
members, and Attorney General Alex
NJ CARRIER.
The bills were presented to United
States Judge Thomas G.. Jones for the
purpose of getting a restraining order
against the defendants to prevent the
In a.
prevent the railroad and their officials
and employees from being indicted or
being sued or being under any penalty
for operating their roads until a fur
Their order of the court, under the plan
and according to the rates in effect
before the action of the Legislature.
Judge Jones issued a temporary in
Junction. on conditions that each road
should give bond to pay passengers
or shippers any excess over the rate
in case 1t was decided that the pro-
posed freight or passenger rates should
be legally sustained
All the roads made bond as required
and arguments will be heard before
Judge Jones in his chambers next We'd
nesday by the leading attorneys con-
nected with the various roads and those
retained by the State on points pre-.
scented In the recent enactments of the
Legislature.
According to different ones of these
measures rates are fixed on 112 ar
ticles and the roads must handle other
freight consignments at no higher rate
than was originally charged, and II
the roads enter suit in the Federal
Court for relief their licenses to oper-
ate an intra-state business were to
be revoked
Attorneys representing the railroads
operating in Alabama ask for a per-
manent Injunction against the enforce
ment of these laws on the grounds that
there would be such a radical reduc-
ton of rates that 1t would amount tc
confiscatfon of their property.
Attorney General CARRIER and the able
attorneys retained by the Governor will
attempt to show that the roads are
in. such a condition that they can af-
ford to reduce the passenger and
freight rates and attorneys for the
roads will. 1t is expected, introduce
evidence tending to show that their
earnings are not such that rates can be
reduced.
No matter which side wins, 1t seems
entirely probable the case will be al
once appealed to the United States Su-
preme Court.