The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-17
BELIEVES THE LAW
UNCONSTITUTIONAL
COUNSEL FOR THE NJ, C. G. ST. l..
r. r. WILL RESIST THE RECENT
ORDER MADE BY THE ALABAMA
RAILROAD COMMISSION.

Huntsville, June 16.-(Special.)-A test
of the consttutionality of the recent act
, of the Alabama legislature In conterring
I additional powers upon the Alabama
railroad commission and providing for
the election of members of that commits
sion will be made by the Nashville,
! Chattanooga and st. Louis Railway, rep
resented by Hon. Oscar r. Hundley, di-
vision counsel. Mr.. Hundley has filed a
bill In the chancery court of Marshall
county, resisting the order of the railroad
commission which directs that the Nash
vile, Chattanooga and st. Louis depot
at Wyeth City be removed to a desgnat-
ed point within the corporate limits of
Guntersville. The bill recites the fact
that similar order was made by the
commission several years ago and that
when an appeal was taken the case went
to the supreme court, that court decided
In favor of the railway and rendered the
opinion that the commission had no power
In the premises. In the last few weeks
the commission has repeated the order,
claiming authority for its enforcement I'M
der the act of the legislature approved
February 2S, 1903.
vigorous attack is being made by
counsel for the railroad on this act and
one of the most interesting points upon
which counsel bases his contention, is
the following clause in the new consti-
| tuition:
mo bill shall become a law until it
| shall have been referred to a standing
committee of each house, acted upon by
such committee in session and returned
| therefrom which facts shall affirmative
| ly appear upon the Journal of the house"
Mr. Hundley affirms that this provision
OF the constitution has not been complied
! with and that the Journal shows that
! the bill creating the act was referred to
| the committee on commerce and common
| carriers, but fails to show that 1t was
ever acted upon by that committee or re-
turned therefrom to the house, An ex-
animation of the journal of the house
he claims, shows that this omission was
detected by the clerk of the house, but
not until more than eight months after
the approval of the act by the governor,
and nearly month after the adjourn
i ment OF the legislature. when he made an
| entry on the Journal, in an effort to COM
ply with the constitution, showing that
! the bill had been reported adversely by
the committee on commerce and common
carriers. Mr.. Hundley contends that ths6
entry, after the legislature had adjourned
and the bill signed by the governor, was
entirely unauthorized and thai the con-
stitutional defect in the journal could not
be cured in that manner by the clerk
that If the clerk could do this he could
with equal impunity make any other en-
try In the journal after the adjournment
OF the legislature and show that bill
had become law or had been defeated
thus substituting himself for the legis-
lature.
This depot litigation has been of con-
siderable Interest to the people of this
section and now that the commission act
is brought into question, the final out
! come VIII be awaited with great inter-
est all over Alabama. Chancellor Simp-
son now has the case and it will go
higher, no matter which way he decides
! it.