The Montgomery advertiser., 1909-02-06
[. & N. AND ELECTION
COURT WILL REoUIRE RAILRoAD
 TO ANSWER.
In sBif of Governor Conner Oalefais of Corporation Must shevy Part
 Tkey Played in Campnagm.

Birmingham, Feb. 5.-(Special)-- Judge Charles Ferguson, in the City Court. has ruled that the Louisville and Nashville Railroad should give all ths details of the part 1t took in the pri- mary election for President of the Railroad Commission in April, 1sox.
 This Is considered a victory in the preliminary bout in the case of B. B. Conner, Governor of Alabama, against the Louisville and Nashville. a suit for alleged damages in the publication oi an article during the campaign. in which publication 1t is charged by the Governor the Louisville and Nashville Railroad had an interest.
 The railroad objected to a number of interrogatories and attorneys resist ed them strenuously.
 After passing upon the interrogato- ries and deciding that all except one should be answered, the case was set down for a special hearing on Monday. April 5. The question the railroad will not have to answer reads as follows:
 state what is the value of all the property of the Louisville and Nash vile Railroad Company, and what is the amount of its bonded debt? What is the value of its property over and above Its Indebtedness? What is it's earning capacity over and above oper- ating expenses. for the past twelve months?"
 The above was one of eighteen ques- tions which Judge Ferguson held was not material testimony in the damage suit case growing out of the pubffca- ton of an affidavit which Governor Co., mer claims was derogatory to him. All the other questions must be answered by April D.. Most of them deal with the primary of April. 1904. when B. B. Conner and John V. Smith were candi- dates for the office of President of the Railroad Commission of Alabama. ,"State what sum or sums of money were contributed by the Louisville and Nashville Railroad Company to the campaign fund. or in aid of the cleo ton of John V. Smith, or for the pur- pose of defeating the said B. B. Co., mer or for any other purpose pertain ing to said election?"
 This is one of the numerous ques- tions which the railroad must answer and questions following concern those who received the money, when 1t was paid, entries made on the books. fund out of which 1t was taken, reports made to the board of directors, of the railroad, etc.
 Questions concerning the part played In tho election by Jones c. Moore, George M. Morrow, B M. Starks, E. A. DeFuniak, J. M. Faulkner, W. E. Knox and B. F. Fillmore must be an- swered by the railroad company, and the railroad Is called on to tell whs&h- CT or not 1t paid the bills for any printing or campaign matter, designed to aid in the defeat of B. B. Conner and to secure the election of John v. Smith.
 The railroad will also be required to state whether or not the employees. agents or servants of the company in the State Of Alabama were at any time instructed from the head office of the company to become active In behalf of the campaign of Mir. Smith. The rail- road is also asked to answer whether or not the engineers and conductors of the Louisville and Nashville were re- leased from their ordinary duties and placed in the field to work for Mir. Smith.
 It Is thought both sides will an- nounce ready when the interrogatories are answered and that the case viii go to trial