The Birmingham age-herald., 1907-11-23

Montgomery, Ala, November 9, 1907.
 To the Editor of The Age-Herald:
 I am sure you advocate what you be- lieve to be right. l am equally sure that you would not advance any cause by ap- peals to prejudice. Your editorial of yes- terday, the Why's and Wherefores of the Session." is based largely upon a anisapprehension of the injunctions you discuss. There was no catch -as-catch- can injunction in the rate litigation in Alabama. The state had plenty of time It offered no evidence Its lawyers did not resist the injunctions. They said they would not appeal from them. Those are the injunctions which you insist justified the extra session.
 We have no better guide in these mat ters than the supreme court of the United States, which, in the case of Smyth ys. Ames, 16s U. S., 466. said:
 Tn these cases the plaintiffs. stock holders in the corporations named, asked a decree enjoining the inrorcement of cer- tain rates for transportation, upon the ground that the statute prescribing them is repugnant to the constitution of the Olilttu Oldltos Ouutl lI1C PIillClpitS WhCll in the federal system distinguish cases in law from those i'm equity, the circuit court of the United States, sitting in equity, can make a comprehensive decree covering the whole ground of controversy, and thus avoid the multiplicity of suits that would inevitably arise under the statute. The carrier is made liable not only to individual persons for every act, matter or thing prohibited by the statute and for every omission 10 do any act, matter or thing required to be done, but to fine of from 5000 to 5000 for the first offense; from $5O00 to $10,0OO for the second offense; from $10OOO to s200OO for the third offense, and s25,000 for every subsequent offense. The transactions along the lines of any one of these rail- roads, out of which causes of action might arise under the statute, are so numerous and varied that the interfer- ence of equity could well be justified, upon the ground that a. general decree, according to the prayer of the bills, would avoid a multiplicity of suits and give a. remedy more certain and effica- cious than could be given in any pro- ceeding instituted against the company in a court law; for a court of law could only deal with each separate transac- tion involving the rates to be charged for transportation. The transactions of A single week would expose any com pany questioning the validity of the statute to a vast number of suits by ship pers, to say nothing of the heavy pen alties named in the statute Only court of equity is competent to meet such an emergency and determine, once and for all, and without multiplicity of suits, matters that affect, not simply individuals, but the interests of the en- tire community as involved in the use of a public highway is maintained.
 "The adequacy or inadequacy of remedy at law for the protection of rights of one entitled upon any ground to invoke the powers of a federal court is not to be conclusively determined by the statutes of the particular state in which suit may be brought. One who is entitled to sue in the federal court may invoke it's jurisdiction In equity whenever the established principles and rules of equity permit such suit in that court and he cannot be deprived of that right by reason of his being all lowed to sue at law in a state court, or the same cause of action"
 IniunctiOnS are older than our cOun- try and have been long employed not because the rich" or the poor may be involved. but because justice and equity can thereby alone be accomplished. The .s1preme court of our state has frequent r 1v used them. as well writs of pro intuition, to prevent action under laws until the facts are ascertained, which can give the court sufficient information to determine whether law, 10 valid or not. Everybody recalls instances where commissioners courts have been restrain ed from building court houses, until the courts could inquire into the validity of Jaws providing for taxation. etc. The same course has been pursued to prevent ',be holding of courts under laws whose constltutionality is denied, all because it ss greatly to the interest of the public ybat these laws should not be put in force at once, but only after inquiry and decision by the courts that they are right and legal.
 Freight and passenger laws under the constitution are valid or not, accordingly as they are reasonable. If they do not nroduce fair returns on the value of the property employed in Alabama business.