The Montgomery advertiser., 1908-01-22
WEDNESDAY MORNING.
L. e. NJ SHOWS BIG
LOSSlLN BUSINESS.

will be concluded tomorrow. The
counsel on both sides reached an
agreement yesterday whereby each
side was to have I'VE hours for its
presentation of the merits of its own
affidavits. During yesterday three and
one-half hours of the total ten hours
were consumed. 1t Is understood that
the decision of Judge Jones will not
be rendered as soon as the argument
Is concluded. He will take some days
to consider the papers and the argu-
ments. 1t Is thought probable that
the arguments will be printed and
submitted again In that form to Judge
Jones.
Before the second division of the
argument was entered yesterday Judge
s. d. Weakley forfthe State replied to
the address OF Senator John G. Spoon.
err. Under the original agreement
Judge weakley had 1.-THE conclusion.
opposed questions raised by Senator
Spooner. He cited decisions of q con-
trary nature to those presented by
Senator Spooner and the whole pur-
pose of his closing address was to OPP
pose the legal points advanced BY
Senator Spooner. For this. his address
was Of a legal nature, appreciated by
the attorneys.
Judge weakiey submitted that Sen.
ator Spoonera had misinterpreted the
nature Of the rate acts and the ma
chinery which had been established
for their enforcement. He submitted
that Senator spooner had not adduced
any decision which overthrow the in.
depreciation Of the Supreme Court OF
the Eleventh Amendment, forbidding
q suit against the State AS in his
former argument Judge Weakley chung
tenaciously to the chief point of the
States case--the doctrine laid down
In the case of Fits AGAINST Niece.
With the argument Of Colonel Stone
the court was brought closer TO the
vital issue Of the case--are the rates
complained of connscatory? For the
first time the court was presented with
figures by which 1t was sought to. es-
tablish the fact that IL the new rates
were enforced the property of the COM
planning railroads would be confiscated.
Conyincing Figures.
Colonel Stone came forward with q
convincing array of figures To this
phase OF thes case he had given close
and exhaustive study. He marshalled
the figures well and brought them out
ably before the court. He did not con
fine himself exclusively to the figures
however. although he made the, most
comprehensive presentation OF this
phase of the case than has yet been
A1C QCdAbt t0Os Win tue Jaw
bearing on the issue. And Incident
ally he criticised the unfairness and
injustice OF the present classification
of the railroads operating In Alabama.
In answer to the assertion made by
counsel for the State that there was
no authority for the bringing OF the
pending contest. Colonel Stone said:
This contest Is not brought be-
cause-,we were threatened with injury;
because we were threatened with loss.
1t is a contest brought under the pow
err and authority of the State statute
And in support Of this contention he
quoted from Section So of the General
Railroad Act:
"In this cause the Railroad Commits
sion Of Alabama was made defendant
because they were made defendant by
the act Of the Legislature OF Alabama
which provided for a test Of the fair
ness and reasonableness OF the rates.
declared Colonel stone. in argument
which dealt pointedly with the reply
OF the State to the bills.
This right was expressly given in
the flrst acts passed ana snothing con-
tanned In subsequent acts can take
away that right"
Perhaps the most forctble part OF the
argument was Colonel stones COM
ments on the effects OF the new rate II
administered on the lines Of the Lou
isvilla. and Nashville and the South
and North. The figures he quoted were
sworn TO. and the. valuation OF the