The Montgomery advertiser., 1908-08-01

.Birmingham, July s1.--(Special. )-- Judge S. D. Weakley, on behalf of the state. attended the recent session of the United States Court at Mt. Airy, Ga, where the matter of pro- posed increase in freight rates on the part of the railroad was taken into courts.
 He has written report to the Gov ernor, which has been made pubiic. de advises that for while no inJunctlon be sought against the railroad and that all shippers and others keep recoro of. business transacted so that later there can be a recounting- In run the report follows: .ans Hon. B. B. comers Governor, Mont
 gomery;
 Dear sir-By your direction, ac- conapanied Hon. W. D. Nesbitt, Haii- road Commissioner, to Mount Airy, Ca. to attend the hearing before United states District Judge Emory Spear of the case of Macon Grocery Company ana others ys. Atlantic Coast Line Railroad and others. in which various Georgia wholesale grocery mercnanIs and grain dealers had applied for an injunction to restrain the railroaas from putting into effect certain ads vances in freight rates on food pro- duets from Ohio and Mississippi River croseings upon shipments made into the states of Alabama. Florida, Geor- gia and tue CaroIinas. such advances to take effect on August 1, 1908.
 On the first day of the hearing (Jniy 2s, 190s.) the defendants. inter posed pleas to the Jurisdiction, claiming that the court did not have jurisdic- tion over the defendants. These pleas were overruied by the court, In an oral opinion, in which the district judge announced that he would take jurisdic- tion, and that. as then advised, If the avermsnts of the bill, were sustained. would grant an injunction to restrain the collection of the advance in rates, until the Interstate Commerce conmis- sion could act upon an application or the complainants to determine whether or not the advance was reasonable or unreasonable
 On the following day the railroads interposed a demurrer to the bill, and stood upon the same. offering no evi- dence to controvert the affidavits sub nitted, on behalf of the compiainants. After argument of the application for an injunction. Judge Spear took the matter under advisement; but in asmuck as he had granted "a temporary rehtraintng order upon the filing of the bill, the advance in rates is now re- strained and will continue to. be re- strained, unless Judge Spear refuses HI lnJuNctlOn. anu ubSsOlNeS. lue tSlH- porary restraining order.
 From the oral opinion delivered in reference to the pleas to the jurisdic- tions and from intimatioDs made upon the argument of the application for an Injunction, which will continue in force unless reversed on appeal, until the Interstate Connneree Commission de- termines the question as to the validity or invalidity of the advance in rates.
 Aba fs.n 44ya f. ference with Representatives of the Southern Railway. the Louisville and Nashville Railroad. the Atlantic Coasi Line and the Alabama Great Southern Railroad, with a view to asceftainins whether or not the railroads would in sist uponacoliecting the advances from Alabama receivers and consumers while restrained from collecting ad vances from the citizens of Georgis in like situation. Those representa- ttves after conference and after oui inetskehce that the people of Alabama should receive the same treatment ai those in Georgia. assured us that thei policy was not to collect the advances from the people of Alabama during strained from fns&fng collections o sueh Advances from the peopie of Geor
 Moved to Suspend.s
 It was not known. and it Is not nov known, just when Judge Speer will an nounnas his decision upon the applica, ton for the Injunction pending the suit but wcf were assured that as soon a, he .aniipunced such zdeeision, if 1t wal in faTof of the compIainants and if | ordered an injunction. the railroadi would appIytto the Interstate Commis, sion for leave to suspend the rates fl the States outside of Georgia. in whicl the rates had been made applicable bs the tariffs filed with the Interstats