The Birmingham age-herald., 1908-01-14
Entire Day Yesterday Was Taken Up h PreIimi-
 narIGs
SIDNEY j. BOWIE WILL
 OPEN HE ARGUMENT
When the Case Was Called Yesterday Morning the State Was Not Ready and Was Given
 Little Time.
BY HERVEY w. LAIRD.

BY HERVEY w. LAIRD.
 Montgomery. January 13.-(speeial. )- After skirmishing all day the attorneys for the railroads and the state, in the litigation over the new rate laws. brushed away the preliminaries about the middle of the afternoon and announced that argument would begin tomorrow morn ing at 10 o'clock on two sections of the general question. i. e.. the motion to al low the supplemental bills offered by the railroads and the counter motions to strike such bills from the filesi and the motion to dissolve the injunctions pen dente lite as against the old laws
 After these will come the development of the question in its entirety, includ- ing the motion for injunction on the sup plemental bills and series of motions to abate suit and eliminate the pro visions of the preliminary injunctions all ready granted. With the first two ques- tions will also be argued by former United States Senator J. c. Spooner the appli- cation of the Central Trust company of New York, for injunction pendente lite restraining the enforcement of the new laws on the Central of Georgia, for the alleged reason that such rates would make it impossible for the road to pay interest on bonds, part of which said company holds.
 The Legal Perio-ne.
 The argument for the state will be opened by Attorney General A. M. Gar Der, and for the railroads by former Congressman Sidney J. Bowie of Birming ham, who will be the first speaker. For mer Chief Justice Samuel D. Weakley and H. c. Selheimer of Birmingham, and Horace Stringfellow of Montgomery will assist in the argument for the state Fol lowing MT. Bowie for the railroads will come Gregory L. Smith of Mobile for the Louisville and Nashville; T. M. Cunning ham of Savannah for the Central or Georgia, and Gen. George H. Harrison or Opelika for the Western of Alabama.
 Other lawyers present include General Counsel Stone of the Louisville and Nashville; R. E. Steiner of Montgomery for the Central of Georgia and the Vest ern of Alabama; George W. Jones and Manley Foster of Montgomery for the Louisville and Nashville. President Milton H. Smith, of the Louisville and Nash vile. and President c. A. Wickersham of the Western of Alabama, are also among interested spectators number of state attorneys from many sections are here to have look in on the litigation and hear some of the speeches that will be made. Especially is this fact of the address to be made by former Senator Spooner.
 State Not Ready.
 The hearing was set down for 10 o'clock today before Judge Thomas G. Jones of the United States court, sit ting for the Fifth circuit, but on ac- count of not having their papers ready the state asked for and obtained permission to answer at noon. At that hour another delay was brought about in the same way and the court set , o'clock.
 When the time for assembling at the last hour came long conference was held in the office of the judge fol- lowing which it was related that all papers had been fled all answers made and everybody ready for argument. At the same time it was agreed that the two questions noted above were to be taken up. these to be followed by such developments as the cases take look ing. however, to the line as mapped out briefly in the opening paragraph of this story.
 The two questions involve possibili- ties of long drawn out argument and the outlook is that the end will not be before Wednesday at best. The state is to argue that the supplemental bills will not lie because the laws on Which the original injunctions were granted have been repealed and the suits thereby abated. The railroads will meet this with the contention that no litigation can be legislated out or court: that the new laws are no more than a continuation of the old. seeking as they do the same thing, the reduc- tion of the revenue of the railroads of the state, and, therefore, can be met by bills supplementing the stoppage or the old acts. It will also be held mat the old bills cannot be taken out Of court because if in the end the laws are held to be reasonable, there are thousands of dollars worth of liabilities to be provided for.
 Incident of the Day.
 Today while the attorneys were ar ranging the programme of the speak CTS for the hearing Judge Jones said:
 What will we do with Senator Spooner over here? Nobody seems to have provided him with place 10 speak"
 To this the former senator replied;
 Your honor, I shall probably give my arguments toward the end or the list. This is satisfactory to me, for am desirous of hearing these other gen tlemen who have devoted so much tune to the study of this question which Is at issue
 "As I understand it." said Judge Jones. you appear as representative of the Central Trust company holders of the bonds of the Central of Georgia. The Central of Georgia has already filed petition for injunction against the -
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