The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-01-21

come into The Federal Court to have
their property protected, but you say
to the railroads. IT you try II. your
property shall be forfeited. Is that
eqtfRl rights under the lawg Is that
the Equal protection of the 1aw7"
SPOKE ss q Statesman.
1t was more than once observed that
Senator Spooner spoke as II delivering
an address In the Senate. for 1t is said
that elaboration characterizes the
speeches in the Senate and he was as
suredly deliberate I'M his utterances.
And on two occasions in the midst Of
his argument he addressed the court
as ssAfr. President"
He spoke standing behind a table.
as though 1t were a desk. and fire.
quentiy be passed between the two
tables as though he were treading a
Senate aisle TO more earnestly impress
the presidin9 officer with the force Of
his remarks.
At the morning session yesterday
Judge s.. d. Weakley completed his
able presentation of the States side.
He dealt especially yesterday with the
Alabama. which he thought had not
been explained with accuracy by the
other side. He did this to show that
under the new rate law the machinery
provided had been constructed under
the teachings OF the Fits against Nc
Gee case. He laid down the proposition
that under the decisions Of the SUI
preme Court compartments seeking to
enjoin a law must bring into court par
ties who are charged with the initia-
tive of enforcing the laws. The rail-
roads, he contended, had not done TINS.
He denied the claim Of the attorneys
for the road that the rate acts were
formed into one whole system-vthat
the November acts were merely a
Continuation of the January acts. AS
| a matter of fact, he contended. Pc
riod Of six days had elapsed between
the repeal OF one set and the re-enact-
ment of another.
He denied that the attorneys for the
state aver contended that the Cover
nor had the power to execute an agree
ment by which rates were raised OF
| lowered. The State, he said. had never
contended that. The question OF -rais-
ing and lowering rates was one en-
| tinely with the Railroad Commission.
IN closing Judge Weakley took oc-
casion to thank the court for the fuA
| and patient hearing that had been acs
corded. The State of Alabama, he sara.
| had not only had its day in court, but
| Il had its DAYS in court, and the at
torneys had been heard patiently and
| courteougly. "a
senator Spooner began slowly anu
| in n voice that was raised hardy az
high, as the conversational. He was
| there in behalf of the Central Truss
| Company, he said. as holders OF the
bonds OF the Central OF Georgia, ana
IN one rAspect at least his position
was different from that Of the coun-
| sci VINO had already addressed tne
court. The bill fIed by the Central
| Trust Company showed that II nae
/ several million dollars invested In the
| income bearing bonds Of the Central
of Georgia railroad. 1t was furtner
demonstrated in the bill that prior 70
the adoption Of the new rates Ins ~
| trail OF Georgia had been unapJe 70
earn as much as 5 per cent interest,"
borne by the bonds.
The bill alleged, and 1t would De
| srfbstantIated at the proper time, tn1.
i under the new acts the road would nos
be able to earn anything and Its prop
erty would be subject to connscation
/ by the operation OF the new rae. .'.
/ taThe rates, IL they are enforced up
on the Central of Georgia. Win noI
only prevent the road from earnine
a reasonable amount, but they Will
/ create a deficit," said Senator Spooner
'sThe bill, which has been filed, anc
| which has not yet been disputed, al
legss that the new rates. VIII re.
suit in an impoverishment, II not ~
actual destruction. of the property ~ol
the road. 1t has been settled, and Il
| cannot be denied, that the road Y
entitled TO earn "a reasonable amount
on the Investment In it's property
question has been raised, II the bond
holders, who are also assuredly en-
titled to q reasonable return on theii
Investment, can maintain a bill in this
court when ia similar bill Is being
4 49, tfR0Ifp
Senator Spooner was continuing ir
this phase of the argument when Judge
Jones interrupted him to say that per-
haps the Senator had gone into thai
phase OF the case because of question
asked him by the court. Judge Jones
assured the speaker that he did MOI
think the bill of the Central Trus'
Company had been filed any more I'M.
properly than the other bills in the
case, whatever he might have under
stood from any remark from the court
Senator Spooner replied that he was
quite sure of the Trust Company'E
right to maintain such a bill, although
q similar bill had been filed by tbs
road itself. which might ultimately b'
Joined in the taking of evidence, wher
the court came to that stage.
Senator Spooner spoke of the pleas
ure which he had experienced In lis
tening to the arguments that had beer
submitted In the cause.
Compliments Counsel.
mo matter where this case may go
or in what tribunal 1t may be argued
it will never be argued with more abil
ity and knowledge than I have hearC
in this court" said Senator Spooner
mo matter what may be the ulti
mate outcome Of the case, no mattel
which side is victorious. never will th'