The Montgomery advertiser., 1908-01-14
Case is Organized in Federal Court. ARGUMENTS WILL DE
 COMMENCED TODAY Hon. Sid Bowie Will Open For
 Roads. Hon., John c. spooner win Be Amesg Last to speak--Three scssions Held Yesterdsy Hat Little
 of Importance Done.

the full argument Of all issues involved in the Alabama rate cases were made yesterday in the chambers of Judge Thomas c. Jones. The arguments for which a program has been adopted. will begin this morning at 10 o'clock. The attorneys may be three days in the arguing of the issues.
 The opening argument this morning will be delivered by former Congress- man Sidney J. Bowie. Former Senator John c. Spooner will deliver his argu- Iiient we'll down the line of speakers. roads Gregory L. Smith will close and Judge s. D. Wealisy will close for the State.
 For the first time since the original bills were filed in the court of Judge Jones the issues involved in the con- troversy will bc argued and put to the test. Tn ether words the cases that have hung fro for nearly a year ana which have several times been post poned will go to the hearing and be advanced through the court of Judge Jones. when this stage Is passed the cases will go to the Court of Appeals and from there to United States Supreme Court. for the loser. whichever aide lk is, will take an appeal. The main poins now is that the cases which have been postponed by request of the attorneys for the State will be heard today.
 Attorneys repr6senting both the State and the railroads were in con ference through large part of yester- day with Judge Jones Before the dny was over the schedule for the argn- ments had been agreed upon and tho arguments under the agreement wifi begin today at 10 o'clock.
 The first question to be considered today will be the motion made yeater- day by the attorneys for the state ta the railroads requesting resfxalnanK order against tho fegiAlaki3n adopted at tue November session of the Legls- 1atufo. Thts motion is based upon the proposition that the legislation enacfcd at the November session is original matter and if attacked should be at tackled by an original bill.
 Division of Arguments
 It has been agreed by the attorneys and agreement confirmed by JudgeJones that the first division of the argument should be devoted to this phase Of the litigation. the status of the shpple. mental biIls filed by the railroads, sub sequent to the November session of tle Legislature. Judge Jones will rule on this question before he enters upon the larger and more important issue In. yolved in the case.
 Until tho Judge rules upon this point raised against the supplementai bills we won't know whether we are in court or not" said one of tile at. torneys for the railroads yesterday.
 IT the Judge should rule that the supplemental bills were proper the court and the attorneys will then plunge in the main issue--the fairness or the unfairhess of the rates adopted by the Alabama Legislature. The set clement of the Issue raised by the att torneys for the State on the validity fS9 at1ttr 1sFn 4aI h wurffa the case to the main issue-whether or not the new rates are conhscatory as alleged by the railroads Both sides were preparing yesterday for tho dis. cussion of this phase of the case. The States attorneys ask in their motion that the temporary tnjunctions or re- straiuing Norders be dismissed pendente lite. that is to say that the injunctions be dismissed peading an investigation of the merits of the case. It Is there fore the wish of the States attorneys that the restraining orders be with drawn while the court Is conducting an investigation into the reasonableness of the challenged rates.
 The second division of the argument as agreed upon yesterday will embrace the investigation. of the justice of the rate laws adopted at the three sessions of the Legislature of 1901, provided that Judge Jones does not hold that the supplemental bills as filed by ths railroads do not properly place them in court. Tn deciding this feature ok the case the court will decide if the administration was successful in pass ing at the November session laws which would keep the railroads out of the Federal Court. For that Is the claim of the State in the first division Of the session busted the Jurisdiction of the Federal Court.
 But the opinion was confidently ex- pressed yesterday that the first stage would be pasUea and that the court would advance at this hearing to the more important stage of the Justice of the law made rates.
 Question of Connacaffons
 Tn the conference yesterday in Judge Jones's chambers, after the decision of the question had been determined upon he said:
 Tn case 1t should be decided by the court that the supplemental bills were not improperly filed and the court should reach the second division of tas argument I would ask that the att0r- neys be prepared 10 discuss the ques- ton as to whether the rates are or are not conhscatory. In some of the bills filed some of the plaintiffs claim that the rates are so low that operat- ing under them they can not make ca their investment more than 1 l-3 per cent. The bills of other roads declare that they can not make expenses. So far these declarations have been un. l would like for both sides to be prepared to argue the Of fects of the new rates"
 We will be prepared to argue that question and throw what light we can upon that subject" said Judge Weak ley. of counsel for the State.
 While the attorssys were Arranging the program of the speakers for the Judge Jones said:
 What will we do with Senatnr Spooner over here2 Nobody geasns 3S have nrnNidad him N.rith ..ln..- ~