The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-08-06
SOUTHERN RAILWAY OUTLAW
ALABAMA COMMISSION REFUSES
TO RECOGNIZE EXISTENCE.


luIf W fhppsNttt HtDcotVCtv Ut W Nhu
out Troops n He Can Use Thorn u. q.
court EnJo,ns state OF Arkansas.
MoNrooMEHY. Ala. Aug. 5.-Another
move was made in the Southern Railway
rase to-day when the Alabama Railroad
commission took Official notice OF the fact
that the railroads. license to do business i'm
Alabama had been revoked by the Score
larv Of State.
The commission was to-day hearing an
application for depot facilities at Gayles-
vile on The Southern Railway when Com
missioner W. II. Norbite moved that the
commission should not take the matter up
- the present case against the road had
yeon disposed or
The Southern Railway he said, can
lt be recogn zed by the Alabama Rail
road Commission as it's license has been re-
yoked by the Secretary Of state and this
.omnission has not the authority to go
.nto this matter
The other Commissioner agreed with
him and the matter was passed over. This
W'llOl Ou TIC part " tlc GOtutiilooiOu Wa
q surprise to the railroad men. several Of
whom were present. j.. s. B. Thompson,
Who il President Finley's chief assistant.
was present and had just completed a talk
explaining the situation at Gaylesville.
When he ives called on to testify he stated
10 the commission that he did not wish TO
make any statement which would make
him subject to criminal punishment unde
The statute which revoked the franchise OF
t be Southern Railway. While he admitted
that the officials Of the company had not
been served with the notice, he said the com
rany's local attorneys at Talladega had
,een. He said that his company was still
dong business in Alabama. but did not
say what move would he made to keep
the State from enforcing its order.
1t has been minated that the road
would yield TO the State and see what the
Ieople had to say about il, but this seems
10 be untrue. Gov. Conner has determined
10 take a more aggressive stand and to-day
had q long conference at Birmingham
with the State Attorneys, and while it
has not beer officially givon out, il is ex-
pected there will be many arrests made
Il officers and employees of the company,
who will be subject to imprisonment If
convicted.
The Governor wants to AVE the matter
brought to a test Immediately. and IL would
oe no surprise IL an extraordinary session
= the Legislature is called to appoint a
-eceiver for the Southern Railway.
The Southern Railway may let things
AXE their course for a few days and then
withdraw their suit from the Federal court,
hereby bringing back into the State court
he suit which has caused 80 much con-
formation. IL this is done this may be the
means Of having everything settled with
cut much trouble.
BIRMINGHAM, Ala. Aug. 5.-A conference
vas held here to-day between Gov. Conner
.ld Acknowledgement Alexander GARDEN
r1i the several attorneys whom the State
as engaged to assist the Attorney-General
J.! the prosecution Of the litigation in the
.e,eie i railroad ca SOS. The list OF attorneys
i,cllAes former Chief Justice Samuel ID.
r~eahley Of this city, former Chief Justice
Pjc.ard Walker of Huntsville. and Horace
;.;nCfellov of Montgomery
While more Of the State officials directly
rcerned will consent to be quoted on the
l.aject il is understood that the Administra-
Ton IL fully determined TO hold the Southern
Railway TO a stric. accountability for trans
iarr,ng a suit frcm the State court at ITALIA
josa TO the Federal court in defiance OF the
row law.
II necessary the Legislature will Re con-
,enad in extra session, troops will be ordered
rgt and any other step win DO taken within
lie power of the Governor 10 enforce the
laws Of the State.
The statement is made that the Admins
tra'ion views the present attitude OF the
touthern Railway "a that OF an outlaw
l. defiance Of the law. as the State au-
'%1ori'ies see the situation. is the same as
me manifestation of the spirit Of a mob
w.i"h would attack and burn the property
# he railroad in defiance of law and which
would call for the assembling OF troops.
II is pointed out that every agent. ohfcer
and employee Of the road in Alabama IL at
This time subject to arrest. and IL is reported
hat the outcome OF to-day's conference
may he wholesale arrests OF such agents,
officials and employees. When arrests
Pre- made the whole matter will be brought
10 a head. and lively developments may
then he looked for