The Montgomery advertiser., 1906-07-06
WHIT rs nK ur rof

W"AA AS AA4 UT AOt
 The Advertiser Is in receipt of the following communication which con- tains some pertinent questions and sus- gestions:
 Editor The Advertiser,
 II seems that Conner, the political acrobat, has employed a lawyer to write him>ssn opinion that the Railroad Commission law is unconstitutional
 Of course this is merely the opinion of the laAxyor. l. requires the decision of the Supreme Court to finally decide that 2 law Is unconstitusionaL If Co., Iner, however. Is so certain that the law Is unconstitutional, why, as Pres ident of tho Commission. does he fix rates. order depots built and ride all over Alabama on private cars nomin- ally Inspecting the railroads and es- peciaily why does he continue to draw ss.slp salary annually for, doing what he says Is illegal and unconstitutional?
 Enquirer.
 We confess that we fail to see just what object Mir. Conner had in view when he employed an attorney to in- validate the law under which he (co- 'mer) holds his office The question of constitutionality. as our correspondent says. must be settled by the courts if a case Is made ap and brought before them. the Supreme Court being the flnai tribune to determine the matter. The opinion of any lawyer. it matters not how we'll informed he may be, cannot set aside an act of the Legislature or invalidate services performed by one acting under such law. Mir. Martins opinion is that of ap attorney employed by beneficiary of the law which he apparently seeks to set aside.
 We repeat that we cannot understand why MT. Conner should undertake to invalidate the law under which he holds office and draws good salary. If tho act under which he was elected is unconstitutional it follows that all his official acts under the law have been void, so far as he is concerned. He is not legally and constitutiona1ly the President of the Railroad Commission. has lad no right to sit on that com mission. has had no authority to issue orders or make decisions, or do any other official act as President of the Railroad Commission of Alabama. What is more. he has no right. to draw or receive salary and all the money he. has drawn in that way has been iile- gally drawn and used. Tn short. MT Conner occupies the position of any oth- CT citizen. so far as the Railroad Com mission is concerned.
 Mir. Conner evidently had doubts of the validity of the act under which he holds office. or he would not have ap- piled for a legal opinion. If that is the case why has he held on to the posi- tion7 Why does he continue to hold 1t and perform It's duties? Why does he continue to draw the salary Why does he travel over the country as Pres ident of the Commission and ask the people to elect q Commission next No- veniber that will carry out his ideas of what q Railroad Commission should do, If he is the model of integrity that he claims to be he should cease to per form any of the duties of the office he holds, or to draw the salary. or to travel over the country free as one Of the em oiuments of his position. If a man can resign a position to which he
 
 does not believe he was legally elected he should do so. Then he should get the matter before the courts ane if his contention is correct he should return the salary to which he has no right.
 This is merely another of Corners grandstand plays. He knows that 1t ss not possible to have the question ad- Justed before the November elections. Then he hopes to bo Governor. and if the law is invalid 1t will not affect him. But if he Is not successful in his race for Governor, and if the Supreme Court should sustain Mir. Martins opinion, will he return the salary he has drawn and will he try to undo all his acts while he was holding an office to which he had no right9 In short, does anybody know what freak he has ia his mind now?