The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-07-04
Opposing COUNSEL
SPEND DAY HERE
L. & N. to Seek Reinstatement
of Injunction
BEFORE JONES TODAY
VIII Ask That Matter BE Set Tor Hear
Ing mt Onre-CInim Tint Evil
dence of Experts Is
All In

Counsel for the Louisville and Nash
vile railroad and the special attorney
for the state who have been engaged
in preparing evidence in Savannah ant
| louisville in regard to railroad rates
In this state gathered in Birmingham
Yesterday. This morning the attorneys
will leave over the Louisville ano
Nashville for Montgomery where the,
will discuss with Judge Thomas G.
Jones a date upon which may be heard
arguments requesting the re-instate-
ing of the temporary Injunction. here
tofore dissolved, against Alabama Eail-
road rates, which motion was made by
the Louisville and Nashville railroad
in December last.
The attorneys here yesterday includ-
ed Gregory l.. Smith, counsel for the
Louisville and Nashville; Sidney j.
Bowie, special counsel for the South
and North Alabama H. C. Selhefmer,
special counsel for the state; Samuel
D. Weakley. formerly chief justice of
the supreme court, and one of the lead
ing counsel for the state, and Attorney
General Alexander NJ. CARRIER. The two
latter named have been in Birmingham
since Friday night while the three ad-
ditional lawyers arrived yestt friday
morning over the Louisville and Nash
vile.
The ATTORNEYS for the railroad claim
that six months test was all that
was requested fors the state railroad
has planSed.
Also that a motion was made In De-
cember last for the purpose of hearing
arguments looking to the reinstatement
of the injunction which was granted
by Judge Jones and afterwards dlssoiV-
ed by the court of appeals. Inc court
of appeals in granting the motion of
tho state foe dissolution of the order
stated that they wished testimony from
the chief accounting officers OF the
railroads affected, and that this testi-
mony must be submitted in the appli-
cation for a reinstatement of the order.
It is claimed by the railroads that on
Saturday the evidence of Auditor Col
son of the Louisville and Nashville was
completed and there is nothing unusual
or improper In lHelT tdhiHS UP tic nv
ton at this time as the six months limit
has elapsed since the legal rates went
In effect.
On the other hand state attorneys
think that as the state has introduced
no evidence at all in any of the hear
ings. and as the injunction cannot be
granted after the 18th of August by
one single Judge, that the railroads are
breaking off at this point In the case
in order to have their injunction grant,
ed before the recent enactment of Con.
gress becomes effective, which stipu-
lates that three federal judges must
hear all motions for injunctions against
state statutes.
1t is believed that the motion made
in December for a date to hear argu-
ments will be set today in Montgomery
by Judge Jones. In that event the
hearing against the Central of Georgia
railroad in Savannah will be discon-
tinued temporarily because of the ne
cessity for Judge Weakley and Attorney
General CARRIER to be present In Mont
gomery to prepare for the arguments Of
the motion for a reinstatement of the
Injunction.