The Montgomery advertiser., 1908-01-14

Your honor, shall .probably deliver my argument towards the last of the list Thiss is satisfactory to me. for am desirous of hearing these other gen- to the study of this question which is at issue"
 "As I understand it." said Judge Jones, s.you appear as representative of the Central Trust Company, the holders of the bonds of the Central of Georgia. The Central of Georgia has already filed a bill in court against the enactments of the Legislature. Suppose--now, I don't mean to say that will do it-but suppose that I held that the Central Trust Company as owner of the bonds of the Central of Georgia could not properly move in this case7" said Judge Jones.
 Tt Is part of my business down here to convince your honor that the Cen tral Trust Company has such a right" safd Senator Spooher. smiling.
 = Were Three Sessions.
 The Federal Court yesterday held three short sessions. It first met at 10 o'clock, according to schedule. But the State was not quite ready. There were one or two papers which the at- torneys for the State wanted to polish up before going into the hearing. An adjournment was therefore taken until noon. At noon further adjournment was taken until o'clock in the after noon. At that hour all the interested attorneys met fn The chambers of Judge Jones and the program was mapped out and agreed upon.
 The cases are attracting great local attention. The Federal Court room was three times filled with an interest ed crowd, which expected the hearing to be called. Each time the crowd was disappointed, but twice the spectators made the trip to the court room to hear the addresses of the famous law yers who are retained in the cases.
 The members of the attending crowd were chiefly curious to look upon President Milton H. Smith and former Senator John c. Spooner as the two most famous and notable men Of the unusual gathering When either of these gentlemen walked down the cor- ridore or appeared at the door of the court room those who recognized them would eagerly point them out to others of the gathering. & A splendid array of legal talent was gathered in the chambers of Judge Jones during the afternoon when the program for the argument was being arranged. And prominent in the crowd were PreSident Smith of the Louisville and Nashville, who occupied one corn CT, and former Senator Spooner who
 
 to the arrangements for the discussion was carried on largely by Judge S. D. Weakley for the State. and Gregory l.. Smith. leading counsel for the Louis- vile and Nashville, on the other. There was apparently nos difference of opin- ion between them and with suggestions from the other attorneys the plan of procedure was quickly agreed upon.
 The Attorneys Interested.
 For the State 4here appeared yester- day Attorney General A. M. Garber, Judge s. D. Weakley, Henry Selheim- CT. Horace Stringfellow and Assistant Attorney General T. W. Martin.
 For the various railroads there ap- peared Gregory l.. Smith, George W, Jones. Sidney J. Bowie. R. E. Steiner. John c. Spooner. J. Manly Foster, Gen. eral George P. Harrison, Henry V. Poor and Hugh Nelson.
 Prominent figures in the gathering were the three members of the Ala bama Railroad Commission, Charles Henderson, W. D. Nesbitt and John G. Harris. They of course took no part in the proceedings and were there only to follow the arguments and become informed upon the questions under dis cussion. ,.- l ->. s
 Among a number of railroad men who were drawn to the court room by the cases was President c. Az Wicker sham of the Western. one of the roads vitally interested in the adjudication of the controversy. .
 The general impression among attor- neys interested in the cases Is that the hearing will run over until late Friday afternoonJ if it does not ex- tend until Saturday. According to the arrangements consummated yesterday, each side will submit four arguments. This means that eight speakers will
 
 will be extended, for great issues are at stake. This tentative list does not include Senator Spooner, for whom a place has been provided and who will speak on an independent case, for the interests of the Central Trust Com pany. Judge Weakley said lasb9 night that the best he hoped for in the mat ter of time was to get away Friday af- ternoon or Saturday morning.
 The hearings before Judge Jones are attracting national attention, for is- sues are involved in which alT the States of the Union are interested. The first issue-the question to which the arguments tomorrow will be directed and which involves an issue the settle ment of which will affect the action of futu1S Legislatures, is the adjudication of the question as to whether a Leg islature can pass an act which will
 
 Federal Court. It will be recalled that the intent and purpose of the Novems Der session was to pass such acts as would keep the railroads out of the Federal CourtsS. No effort was made to disguise this purpose It was known that some of the shrewdest Ia wyers of the State were engaged in drafting bills which would erect obstacles be- tween the railroads and the Federal Court. In more than one instance, and in more than one form, bills were pass ed which declared forfeited cnarueta of any corporations which took cases to the Federal Court. More than that the enforcement>of the antr-ranroad laws was so distributed among officers aRd-citizens of the State that 1t was expected no injunction could be is- sued.
 Now the final test comes. Has the Legislature succeeded in passing laws which will keep the railroads out of the Federal court? For behind th@ plea of the State that the supplemental bills are improper is the force of those acts passed by the Legislature to stand between the Federal Court and the railroads. So, in deciding this feature of the case, the courts will settle A great Legislative qdestion.
 The main question. which admits of no disguise, although 1t appears as the second phase of the court argument, is the issue as to whether the rates adopted by the Legislature are so low as to come under that provision of the Constitution which declares that no person shall be deprived of his nron-