The Birmingham age-herald., 1909-02-21
RAILROAD CASES
 SET FOR MARCH 16 In United States Court of Ap- peaIs In New Orleans MONEY MUST BE REFUNDED
  Insurance Commissioned Julian Will Investigate Union Central Life. Jones Will Preside at Wash
 ington Dinner.
MONEY MUST BE REFUNDED

Montgomery February 20.-(Special.)- )- The litigation between the state and the railroads, involving the rate and regula- tion acts of the last legislature. has been set down for hearing on March 16 and r, by the United States court of ap- peals in New Orleans. The cases went up from the district court at Montsom- cry, Judge Thomas G. Jones, presiding having been decided against the. state.
 Most of the rate laws, including the commodity act and all acts which sought to make rates, provide penalties for fail- ure to keep them and to prevent exclu- sion of passengers from trains who had not paid the legal rates. were enjoined in a sweeping order by Judge Jones. The state undertook to show that it had a right to make the laws and levy the pen alties for failure to keep them. The roads, however, said that such action would mean their ruin, and they were sustained.
 Must Refund Money.
 The state will be represented at New Orleans by Attorney General Garber and Messrs. s. D. Weakley and H. c. Sell heimer of associate counsel. These gen tlemen have had the state side of the case in hand from the beginning. State Insurance Commissioner Frank N. Julian has been notified that a demand has been made on the Union Central Life Insurance company of Cincinnati, for return of $4OO,0O0 in dividends. taken from the surplus and undivided profits. It is claimed that this money was not br1t hn nt nd a loss for the time mentioned.
 Commissioner Julian made trip to Cincinnati to look into the Union Gen. tral, but found that other states were conducting an examination. However. he will join the department of West Vir- ginia little later in making a full ex- animation. He is just back from Louis vile where he began an investigation of the Citizens Life, the work being done by Actuary s. H. Wolf, of New York.
 Jones to Preside. George w. Jones, district attorney for the Louisville and Nashville railroad, will be the toastmaster at the dollar dinner of the Commercial club Monday night. The club is taking this means of cele- brating the birthday of George Washing ton.
 Bond Issue Illegal.
 It Is discovered that the vote on the recent issue of s150OO0 of road and bridge bonds was Illegal and the election will have to be held over. The ticket did not show the entire character of the pro posed bonds. A new election Is to be held March 25.
 Trip of Educators. The following Is a list of the mem- bers of the party which will go to the Chicago meeting of the department of superintendence National Educational as sociation on the special sleeper which leaves Montgomery Sunday, February 21, at 6:43 D. m:
 Those who will take the sleeper at Montgomery: J. R. Rutland. s. s. Mur- phy. C. M. Dannelly, c. L. Floyd, W B. Patterson. A F. Harmon. L. L. vann, J. V. Brown. W. R. Harrison, W. F. Feagin.
 Those who will take the sleeper at Birmingham: Harry c. Gunnels, w W. Brandon, w D. Matlock, John W. Aber- crombie. N. R. Baker, ". F. Strip1in, A. A. Persons, J. H. Phillips, L. H. liar alson, J. D. Williams, F. o. Sanders. James H. Foster, F. P Dressler, George W. Duncan.
 Those who will take the sleeper at De- catur: w. Frank Puckett J. J. Doster