The Birmingham age-herald., 1910-07-03
RATE LITIGATION IS
 NOW LIVE SUBJECT
Federal Statute Has Direct
 Bearing on Alabama
CAREER HAS STATEMENT
Intimates Efforts Is Being Made By L. & N. to Get Injunction Before the New Federal Statute Be-
 comes Effective

Recent developments promise to add great interest to the railroad rate litiga- ton in Alabama during the next few weeks. The enactment of the recent fed eral statute providing that a single fed eral judge cannot enjoin a state statute promises to affect Alabama.
 The new federal law, however, does not go into effect until August IS, and it is claimed by the attorney general of Ala bama that certain of the railroads are seeking to have Alabama's rates enjoined before that date.
 Attorney General Garber and Judge S.. D. Weakley of the states counsel arrived in Birmingham from Savannah yesterday and will hold conference with H. c. Selheimer. also of the states counsel, who Is expected to arrive from Louisville to- day. MT Garber issued the following for maj statement yesterday bearing on the present situation:
 We are here to hold a conference re- garding the move made a few days ago by counsel for the Louisville and Nash vile railroad and the South and North Alabama railroad to have the United
  hearing of a motion, filed last November or December. to reinstate the preliminary injunction dissolved in April. 190e by the circuit court of appeals, in the Alabama rate cases.
 We received notice several days ago of the application of counsel for these roads to have this motion set down f6f hearing. The purpose of the conference of states counsel is to prepare objections to be filed with the court, to fixing date for the hearing of this motion at this time. when only the complainants-the railroads-testimony has been in part ad- duced before the master, and the state has had no opportunity of introducing any evidence whatever in it's behalf. Both hearings are still in progress the reference at Louisville having begun on January 4, 1e1o and the reference at Sa- vannah on March 8, 1910.
 Tt will be impossible for the state to present, properly, fairly or fully, its case merely upon the evidence brought out on the cross-examination of the witnesses of complainant roads. If the motion were taken up now the state will be forced to the use of affidavits which to prepare with any effectiveness will require weeks. and which would imperfectly at best, en- able us to meet the elaborate testimony already taken on behalf of the complain ant roads at Louisville. Moreover, tiie ar gument of this motion would necessarily involve a discussion of all the material facts alleged, on the one hand, by the railroads, and controverted, on the other hand, by the state
 ''The pressing on the part of counsel for the railroads, for hearing of this motion, furthermore, comes at time only few weeks prior to August IS, the date Congress and signed by the president on June 1S will become effective. This law provides that no preliminary injunction restraining the enforcement, operation or execution of a statute of a state shall be granted, unless the application is heard and determined by court composed of three judges. Aside from the reasons stated above. peculiarly applicable to the present situation in the Alabama rate lit- igation, the radical change so soon to be- come effective concerning the injunction of a state statute, appeals to us as an ad- ditional reason for delaying this motion rather than speeding it.
 The Central of Georgia railway and the Western of Alabama have not taken like action as far as know