The Montgomery advertiser., 1909-06-04

DISSOLVED
Judge Jones Issues
Order.
MANDATE DID NOT ARRIVE
Attorneys Meet With Judge Jones
to Hear Order.
Inasmnch as the Mandate Did Not Ar
rive. june II Was Named ms DATE
For Conference with
the Court.

Contrary to all expectations of both
State and railroad attorneys, the man
date of the United States Circuit Court
OF Appeals did not reach Montgomery
yesterday. Nevertheless Judge Thorn
as G. Jones, OF the United States Court
for the Middle District of Alabama. is
sued tentative order. which tends to
dissolve the injunction restraining the
various railroads of 1.-THE State from
putting the lower passenger and
freight rates into effect, according to
the statute passed by the recent Leg
islature. The tentative order which
was issued will be the order which
will formally comply with the terms
of the Circuit Court mandate when
that document reaches Judge Jones
Court.
Attorneys for the railroads and the
State met yesterday at noon in the
chambers of Judge Jones for their
conference. but lacking the mandate
of the Circuit Court of Appeals, moth
ing definite was agreed upon. Those
present were Col. H. L. Stone. gem
eral counsel for the louisville and
Nashville; Gregory Smith. of Mobile,
Sid Bowie of Birmingham: George w.
Jones and Major r.. e. Steiner. of
Montgomery. for the railroads; Attor-
ney General A. M. CARRIER, Judge s..
C. Selheimer. of Birmingham, for the
State.
At the informal meeting attorneys
for the railroads suggested that an
order of reference. referring the TAX
ing of future testimony in the rate
cases to a master in chancery, be
agreed upon and issued by Judge
Jones. but attorneys for the State
strenuously objected to the proceed.
fr.ar "a la - @Aak all
the attorneys for both sides should
meet with Judge Jones on June II
to take up the matter. and at this
time every conceivable motion. con-
nected with the litigation, will be
made and considered by Judge Jones.
This meeting on June 81 Is necessary
to get the rate cases in shape for fu.
ture progress
1t is thought that the meeting of
the attorneys called for June 81 viii
occupy about ten days Of the courts
time, but It has been suggested that
the time between now and June 81
will be SO used by attorneys that the
conference with Judge Jones will con-
sumo but two or three days.
It 10 stated that the railroads have
about agreed that six monthE will be
all the time needed by them to test
the rates, as the attorneys expect to
DC 4Dlo py 0oCcAupCE " ShoW Zig
court that the rates are OF confis.
catory nature.
The tentative order issued by Judge
Jones yesterday allowing the railroads
to put the reduced passenger and
freight rates into commission fol-
lows:
Pursuant to the nandste' Of the
United States Circuit Court of Appeals
for the Fifth Judicial Circuit, and for
the purpose of carrying the same into
effect, in accordance with the opinion
rendered therein.
1T is ordered adjudged and decreed
that the injunctions heretofore grant.
ed and issued upon the supplemental
bills of complaint in this cause; and
also the injunction heretofore granted
against the enforcement of the passen-
ger rates fixed by the statute be and
the same are hereby dissolved, with
leave to complainant at any time to
move, for the reinstatement of such
of the injunctions as may be necessary
to preserve the jurisdiction of this
court, to try and determine the rea-
sonableness of the rates involved, and
to prevent the infliction of pains AMI
penalties of any kind upon any per-
son for obedience to orders of this
court, or the recovery of damages or
forfeitures as to transactions arising
while said injunctions were in force;
and with leave to complainant to
make any further motions as to the
reinstatement of injunctions as 1t may
be advised are necessary during the
further progress of this cause"