The Montgomery advertiser., 1907-11-28

I may be prescribed by those laws. no | matter how unreasonably low such l rates may be- and acts at its peril If
 1t charges any higher rates. It all l leges that in the hundreds and per- haps thousands of the actions that | may be brought against the railway | company to recover forfeitures imposed 1 by the several acts passed at the spe- | cial session, by private individuals to | recover damages. and in the hundreds | and perhaps thousands of indictments that may be brought against the | agents of the company for misdemean- ors for violations of the said acts. the l rates imposed by the statutes are | deemed and taken as sufficient evil | def,ce that the rates fixed in the stat l utes are just and reasonable. and that | in all of said actions for forfeitures. l penalties and damages and in all the 1 indictments for misdemeanors, plain- I tiffs have nothing to do but produce the statutes in question, and to prove
 that the rates charged by the defend- !! ants are in excess of those fixed by the | acts; that if the defendants should be | permitted to introduce any evidence | in their defense the burden will be | thrown on them to prove aff1rmatively | that the rates for passengers and | freight charged by it are reasonable
 and just. and that the rates imposed | by the acts are unjust and unreason- able. The question as to what are req sonable rates for freight and passen- | ger traffic is an exceedingly difficult | one. and requires for it's determina- ! tioh inquiries into numerous ques- l tions, and proof which requires many witnesses, and a great deal of statisti- l cal evidence. Under the terms of the | penalty acts passed at the special ses- sion. the Central of Georgia Railway | cbo1 ho h ioh nr rates for passengers or freight than those imposed by the passenger rate act and the new commodity rate acts, will be subject to civil actions for for feiture in every county in the State through which it operates it's railroad. and such actions may be brought by a
 multitude of different persons. The defendant railway company. under the terms of said acts, will incur a penalty of $2,000 for each offense. and will
 subject itself to penalties and suits within the limitof of single county to such a large amount as to practically
 amount to confiscation of it's property.
 Could Prosecute Employees.
 All of the officers. agents and ser wants of the railway company, under the terms of the acts, may be prose- cuted for misdemeanors and fined in every county in the State through which 1t operates its railroad, and the said agents, by violation of the said acts. subject themselves to pros ecution for misdemeanors for each and every offense. lc
 "The same witnesses. the same books. and the same documents will be needed as evidence in all of these cases. The penalties, prosecutions, civil for feitures. and actions for damages will be so large in amount. so numerous, and may be instituted in so many in- dependent and different Jurisdictions at the same time, that 1t will be phy- sically impossible for the railway com pany and its agents to defend these actions.
 .srhe bill alleges that the various solicitors. clerks and sheriffs will. un- les enioined bv the Federal Court. in- stitute number of separatel actions against the railroad company. and its agents, for violations of the rates. and that should the agents of the railway company be thus arrested from day to day, they would be unable to perform their duties. and that both local and interstate traffic on the lines of the defendant railway company would be stopped.
 Charges Unconstitufionality. "The bill then charges that tho en- tire scheme of the legislation enacted at the recent special session Of the Legislature Is unconstitutfonal, null and void, and prays for an injunction restraining the putting into effect of the rates prescribed in the passenger and new commodity rate acts; restrain ing the Railroad Commission from TO- ducing the rates now in effect, upon the lines of tho defendant railway company, or from attempting to com pei the railway company to put into effect or charge any rates less than those now charged by it. It also prays that the various solicitors, sheriffs. and clerks, who are4made defendants to the bill, may be enjoined from bringing any actions against the railway com- pany or it's agents. either of civil or criminal nature. to compel them tc put into effect the new rates. or to hold them civilly or crtminaliy. Tor any failure by them to adopt the rates prescribed by the new Legislation
 Judge Jones, this afternoon. signed an order temporarily suspending the rates in question. and enjoininR the Railroad Commission and the other State officials who a. made parties to the bill. from bringing any actions against the railroad company, or its employees. based on any alleged viola ton by them of the terms of the sew eral acts referred to in the bill. The order provides that argument upon the question. as to whether 1t shall be continued until the final decision of the case. shall be heard. on Monday, the 18th of December, unless the defend ants ask for 1t to be heard sooner. It Is expected that the argument on be- half of the Central Trust Company. on the 18th. will be made by Senator ]. C. Spooner.
 "Counsel for the complainant calls attention to the power of the court to sentence for contempt any violator of this restraining order, which sentence may extend to five years in the peni- tentiary. Attention Is also called to Sections of the Revised Statutes of the Tinted States, which makes 1t a criminal offense for any one to con- spire to violate this restraining order ar to do anything to interfere with inc processes of the court.
 Central Files Bill.
 The Central of Georgia Railway Company also filed a petition in the limited States Court here ,+gainst tho Railroad Commission and clerks sher- iffs and solicitors, praying that on the 2nd Day of December, next its sunnlemental bill be allowed to be eIed and that the injunction hereto fore granted be extended so as to in- cIude the new laws passed by the snecial session of the Legislature, and sp as to ,enjoin all sheriffs. clerks and Collectors. This matter will be heard on the 2nd day of December.