The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-06-24

right canot now be detsrmined. the
court is asked to Inlet what would he
irreparable injury to the carriers. u
they finally succeed In the litigation.
This. q court Of conscience ought not
TO do. especially when by merely do
laying the remedies on the Injunction
bond It preserves the right Of both
parties intact until the end. A decree
will be entered according TO the pray
er Of the complainants. and refusing
the motion of the respondents.
The order agreed upon by the attor-
neys relative to the powers which shall
be delegated to the masters In the
taking of testimony follows
Order OF Reference.
NOW, upon this day, came the COM
plainant. by Gregory I. Smith, Cabaniss
and Bowie, George w; Jones. J. Manly
and the sn defe s1 s Sy Alexander ks
CARRIER. Attorney General. Samuel d.
Weakley and Henry c. Selheimer. their
counsel, and thereupon It is now
lis hereby appointed Special
Master, to whom this cause Is referred,
and he Is directed to take such evil
dence as. may be offered by either Of
involved In said cause, and to report
his findings Of fact thereon to the
court at the earliest reasonable time
practicable, together with a transcript
49, S'AoNASS 1900 NeS~N ~ sA%S 49,
ties.
in taking such evidence the Special
Master is authorized to avail himself
of the services of such competent and
ers as may be employed by the parties
upon such terms and for such COM
pensations as may be agreed upon be-
tween the parties to this cause, to take
down in shorthand and transcribe and
reduce to type-writing the testimony
of the witnesses; and said Special Mas
ter shah have power to fix such place
dence, in or out of the state, as may in
his judgment be most convenient to the
parties, their counsel and witnesses,
given TO counsel of record for COM
plainant and defendants.
THE said Special Master shall fix
time within which the complainant
the time within which the defendants
shall thereafter take their evidence in
response, and the time within which
complainant shall take its evidence In
rebuttal, but he shall have the power
to extend the time so fixed by him
for the taking Of such. evidence by
either party for good cause shown.
permit e eahss paTty to e take evidences
out OF the order herein specified.
THE parties may agree upon the
date from which the time for the tax.
ing of the testimony shall begin. But
should they be unable to agree upon
such time. the court will hereafter,
upon the application Of either party,
fix the date.
the parties shall have been taken, the
said Special Master shall make full
report to the court of his findings
of fact, and shall cause the same 20
be printed and copies thereof to be
delivered to the several counsel TOT
Facts To BE Ascertainsd.
HE shall ascertain and 1ind from
ties the following facts and report
them to the court, to wit:
THE original cost of construction
of the railroad and properties useo Dy
mon carrier in the state OF ALapama'
Or contributing thereto.
1.-THE amount expended thereon IN
permanent improvements since the
original construction.
''The character of said permanent Inn
proyements, and the amount expenIeo
for such permanent improvement.
permanent improvements and addi-
tional equipment, separately, charged to
operating expenses each year endin&
June 3d. 1907. 1908, 1899 ana rtor up 20 th he
making up of his report
fWhether the expenditures for the
construction and improvement OF sdlu
property were economically AMI proper
.eThe amount. par value and average
market value of complainants bonds
and stock during the years ending June
30 1907. 1908, 1909 and the proportion
thereof objectionable to the business
in Alabama. and up to the latest GATE
practicable prior to the making up OF
sThe amount of bonds and Stocks and
the amount of proceeds or Donds .ana
stocks used In acquiring property not
used in its business as common car
rier.
for it's outstanding bonds.
.eThe net amount of cash actually
raceiyed for its outstanding stock.
'"The amount of fixed charges pay
able annually upon the bonds Of the
ON each issue of bonds, and whether
said bonds were disposed of at their
reasonable market value and the net
proceeds devoted to the construction