The Montgomery advertiser., 1907-05-09

Mr.. Garber-I want it understood
that what l stated to the court waa
that we did not OFFER any resistance
to the preliminary injunction. But
said that II would be in the terms of
the restraining order, that II should
follow the terms of the restraining or
der,
The Court don't understand that
they ask modification of the terms of
the restraining order.
Modification Later.
Mr.. Garber-Anything that is put in
this preliminary Injunction that is not
In the restraining order Is, to some ex-
tent modification of the restraining
order, and If not, they would not want
II.
The Court--Is there any objection To
stating In 1t that counsel for complain
ant give notice that complainant NAV
hereafter ask leave to amend the bill
so as to raise those questions?
Mr.: Lawton-Not to amend the bill
The bill makes the allegation.
The Court do not so understand
your Duh have not read 1t closely
since It was filed, and I do not under
stand it TO make any allegation about
the maximum rate.
Judge Humphrey-Yes, they attack
II.
Mr.. Lawton-And the rule to show
.a"9o 10 " SNOW cause why action I'M
der that should not be restrained Now
We are here on that today and II The
order is silent on that 1T could he said
that ii was overlooked
The Court-How will this suggestion
suit counsel? After granting the pre-
urinary Injunction, complainant will
then give notice that they may desire
to ask modification of the intunc-
lion as to the maximum rate bill, and
the court will decline at this time to
pass on that.
Judge Walker-That is all right
Judge Humphrey-That is satisfacI
tory.
The Courts there anything else
that we can do this morning?
Amount of the Bonds.
Judge Humphrey--What about
bonds.
Judge Walker-We assumed that the
suggestion of the court would be car
ried out and that the bonds would be
twelve times the amount of the pres
cnt bonds.
Judge Humphrey-Twelve times?
Judge Walker-Yes. that is what the
court said.
Mr. Tillman-That would be wrong
as to my road, l gave voluntarily. a
bond for 100000, whereas. strictly II
should not have been that much.
General Harrison-And my road is
the same way.
Mr.. Lawton--The court asked us to
give twelve times the amount of the
annual loss, but we exceeded IL.
The Court--The theory of the order
of the court was to give a bond to
pay back to the shippers any excess
they paid. II the rates fixed turn out
to be reasonable.
Mr.. Lawton-And penalty should be
one-twelfth of the loss
The Court-That was for one month.
Mr.. Lawton-Now 1t Is suggested
that II be made twelve times that
Mr.. Weakley--And in the future we
may have to ask your Honor to In
crease that bond, and we ask your
Honor to reserve that question In the
bond. -
Judge Humphrey-We have no Oh
lection. -.
Mr.. Lawton-I would suggest that
the bond be substantially In the
amount of the loss. In my case "
would be $I47.000.0O and 1 propose TO
Give bond Of 100000.
The Court-That Is substantially tne
bond the court would require, ana IL
10 exacted simply to maintain the
stotus ouo. so that II these rates en-
JoIned are held 90 be valid. there VIII
Ia a sufficient bond to pay BACK the
evcess collected over these rates
Mr.. Tillman--I suggest contere"es'
and think we can agree.
The Cortland IL you can't asIe0
the court will have to agree Tor you