The Montgomery advertiser., 1909-04-14
EARLY ANSWER IN RATE CASE Injunction is Partly
 Lifted.
 -, GIVES STATE FIFTEEN DAYS
  The Case is to Be Re-opened in
 Federal Court. At Hearing Yesterday Before Judge Jenes, the state's Atteraeys Pleaded For More Time to Answer supplementaI Bills.

< Judge Thomas c. Jones, of the Unit cd States Court of the Middle ani Northern Districts of Alabama, yester- day issued an order resclnding m bama rate cases and directing the at torney for the Railroad Commission to file answers to the supplemental bills, within fifteen days after the receipt of the mandate from the Court or Ap-
 The effect of this last order Is to reopen the case in the Federal Court in Montgomery. The date of the re- opening however tSs depends psnaats ntfre,y fre1y the Court of Appeals in New Orleans to carry the meaning of it's decision. The order yesterday merely directed the attorneys for the Ratlroai Com, mission to answer the supplemsntal pills filed by. the railroads last spring. attacking the legislation enacted at the November extra session of the
 a The attorneys for the State object diflculties which were in their way or making answer the supplementai bills. Judge Jones after aS considera- : tion of the situation. however. alloy ed fifteen days after the receipt or the mandate, for the proper answer. !
 The two sides of the legal contro- yersy were we'll represerted yesterday when Judge Jones took up for consid- eratton the motion to have the the case ses res Judge s.. D. Weakley. Attorney Gen erai A.. M Garber and H. C.. se!- heimer. For the contesting ng-raiiroads there were present. George ". Jones. Harrison, Hugh Nelson and Steiner
 The attorneys for the railroads said that they were anxious to get into the merit. of the oass s,s,,ss and tnsy fo tSe dea lays already had in the case did not rest upon them. The states attorneys said that they. too, were willing 70 go into the merits of the case. no, pu5 ,ong .ney Y wonld take them to prepare answers to the supplemental bills.
 A good -naturel colloquy followed be- tween the opposing sides. the raHroao wanted the case hurried and that they had not been responsible for single
 The situation of the case at the be- ginning of the hearing yes,erdey sns eas was bS the injunctions of Judge -Jones. The railroad attorneys had filed elaborate bills attacking the legtslation of the extra session. which bills were known been answered by the attorneys for the State, who took the case to the Court of Appeals. on an appeal deny ing the right Of Judge Jones 10 ls- sue the injunctions. The supplemental bills were not answered and the mer- its of the case were not gone into pending the decision of the court of
 As result of that decision. Judge Jones yesterday granted the order lifting his injunction far enough for the Stake to make answer to the sup piemental bills. The State wanted more time, but the judge fixed the date of the answers fifteen days after the receipt of the mandate from the court in New Orleans.
 The order issued by Judge Jones fol- lows:
 filed by the compliments In each of these causes on the 18th day of. April, 1908, of which due notice had there. tofore been given the respondents. all the parties being present and repre- sented by counsel. 1t is ordered adtudg- ed and decreed that so much of the order made by the court in these cases on the 18th day of May. 1908. as sus- pends all further proceedings in this court until the final determination of the appeal In the Circuit Court of Ap- peals from the orders for preliminary in1unctions issued in those cases. be modified and suspended. so as to re- quire the respondents and each of mandate of the Court of Appeals Is filed in the Circuit Court. to plead further to the supplemental bills. and to the original bill of the Central Trust Company of New York. This.