The Birmingham age-herald., 1908-01-12
State Scheduled to Make Answer in Following Cases
 Before Judge Jones
HISTORY OF LITIGATION
 WHICH HAS s TIRAED STATE
Report Says Former Senator Spooner Will Assist Railroads In Maintain ing Their Position In Re-
 sistance of Laws.

Monday. in the federal court at Mont gomery, the state of Alabama will give reasoA why the injunctons granted at the instance of the Louisville and Nashville and allied railroads by Judge Thomas q. Jones, restraining the enforcement of the rate laws until the case can be tried on it's merits. should not be made per- manent.
 When this controversy is opened, legal battle, the development of which has been watched with consuming interest by the entire nation, will have its beginning. The fight of the state and the railroads has been long brewing, and, prior to the court proceedings Monday, there have been many open spats, the result of d strong undercurrent of rumblings.
 It is believed-though no statement has been made to this effect-that when the court is opened Monday, both sides will answer ready
 Milton II. Smith, president of the Louis- vile and Nashville railroad and consld- cred the main hindrance to the enforce ment of the state rate laws, after re- mainng several days in Birmingham, left yesterday for Montgomery. While in Birmingham, MT. Smith declined to make a statement to the public in reference to the case. While here, however, he was in consultation with George w. Jones, the well known district attorney of the Louis vile and Nashville at Montgomery.
 Governor B. B. Conner, the slogan Of whose administration has been the re- ion ,f tnr ba of the people, did not return to Birming- ham last night. He has spent the week with the state high school locating board, and as he is scheduled to be in Monroe county with this board Monday, 1t is very probable that he will not be in Montgomery when the battle Is opened.
 We'll Known Counsel Employed.
 The controversy will cause the gather ing of q learned array of counsel. This afternoon, from Birmingham, Judge Sam uel D. Weakley, H. c. Selheimer and Cap tain Frank S. White will leave for Mont gomery, the three distinguished attorneys being special counsel Of the state. They will collaborate with Attorney General Alex c. Garber. Sydney J. Bowie, spe- cial counsel for the Louisville and Nash vile, and John P. Tillman. local attorney for the road, will also leave for Mont gomery this afternoon.
 It is considered probable that former Senator John c. Spooner of Wisconsin, representing the stockholders of the Central of Georgia, will be the leading counsel for the railroads, together with Gregory l.. Smith of Mobile. General Counsel Stone of the Louisville and Nashville, will be on hand and will be assisted by other Louisville and Nash vile attorneys George w. Jones and Manley Foster of Montgomery.
 The injunctons of the federal court were issued at the instance of the Louls- vile and Nashville and allied lines, the Central of Georgia, the Western of Ala bama, and the Nashville, Chattanooga and St. Louis railroads, the only rail- roads doing business in the state which have not put into effect the rate laws of the state, as passed by the legislature In extraordinary session.
 Want Case Tried on Merits.
 The railroads asked for the injunc- tions in order that the laws might be restrained until the case could be tried on its merits. It is understood that the defense of the state will be that the execution of the state laws, taking away from the railroad commission and the attorney general the power to en- force the statutes, and placing such auth ority in the hands of the individ- uals and the courts cannot be enjoined
 The state has already issued d pre- liminary defense to the effect that in- asmuch as in the extraordinary ses- sion of the legislature, the original rate laws were abolished, the federal in junction issued on these original laws, and only extended to cover the new, Is wit tout basis and foundation.
 How Injunctions Were Granted.
 AS is remembered, when the legisla- ture, in regular session, adopted rate legislation, the Louisville and Nash vile and other railroads asked for and obtained injunctions against the en- forcement of this legislation. Then Governor Conner called the eXtraordl- nary session of the legislature, abol- ished the original laws and passed new. Instantly the Louisville and Nash vile and other railroads asked for new in- functions covering the new legisla- tion.
 Judge Jones served copies of the re-