The Birmingham age-herald., 1909-06-04
ATTORNEYS AGREE
 IN RATE TEST CASE
Anticipate Arrival Of Mandate
 Of Circuit Court
lNJUNCTIONS DISSOLVED
Order Protects Rail Lines Against Any Pains or Penalties While Test of Legislature-Made Rates
 Is Being Carried On.

Montgomery, June 3.-(special) )-Antiei- pating the arrival of the mandate of the United States circuit court Of appeals dissolving the injunctions against state rate laws. an order was today agreed upon for issuance, by the district federal court here, by which the way will be cleared for testing the laws passed by the last legislature. This formally dissolves the injunctions, in accordance with the ruling of the higher court and will be- come effective as soon as the mandates arrive these having been delayed by the great amount of work necessary in mak- ing them up.
 The order protects the rail lines against any pains or penalties, as a result of the state law provisions. and retains the rights of the court to full jurisdiction in future litigation and in the development of the proceedings to ascertain the reason ableness of the rate and the regulations. The agreement was reached after a con- ference of attorneys with Judge Thomas c. Jones, before whom the litigation was first brought, and by whose order the in- functions were first made binding. Fur ther proceedings are to be taken up at another meeting to be held June 21 in the office of Judge Jones.
 Nothing was agreed upon with regard to the time limit of the test of the rates. The state was not ready to settle this question prior to the final receipt of the mandate. Hence the next meeting. At this time number of matters of interest will be taken up. among them the ap f1fY opf oF md Ala nf taking the testimony. The railroad peo- pie are urging that the work of taking the evidence be pushed. as they are in sense up in the air until something is deter mined upon.
 Text of the Order.
 The following Is the text of the order to become effective with the receipt of the mandate of the higher court
 Pursuant to the mandate of the United States circuit court of appeals for the Fifth judicial circuit, which has this day been presented to the court and for the purpose of carrying the same into effect in accordance with the opinion rem dered therein.
 Ut is ordered, adjudged and decreed that the injunction heretofore granted and issued upon the supplemental bills of complaint in this cause, and also the in- junction heretofore granted against the enforcement of the passenger rates fixed by the statute be, and the same are here by dissolved, with leave to complainant at any time to move for the renstate- ment of such of the injunctions as may be necessary to preserve the Jurisdiction of this court to try and determine the reasonableness of the rates involved, and to prevent the infiction o1 pains and pen alties of any kind upon any person for obedience to the orders of this court, or the recovery of damages or forfeitures as to transactions arising while said in functions were in force and with leave to complainant to make any further mo- tions as to the reinstatement of injunc- tions as it may be advised are neces- sary during the further progress of this cause"
 The attorneys at the meeting today for the state were A. M. Garber, attorney general: H. c. Selheimer and S. D. Weak ley, associate counsel for the railroads, Louisville and Nashville. H. l.. Stobe, general counsel. Louisville: Gregory L. Smith, Mobile, and S. j. Bowie, Birming- ham, special counsel; George W. Jones and Manley Foster. Montgomery. district counsel For the Central of Georgia and the Western of Alabama, R. F. Steiner district counsel.