The Montgomery advertiser., 1907-08-10


 by five eminent counsel No demur- Ter. plea, answer or affidavit of any kind was filed in deniai Of the sworn allegations of the bills. counsel for re- spondents stated in open court, under these circumstances, that they did not resist the issue of the preliminary in functions as prayed. and that it was not proposed to appeal from the order granting them.
 Under such circumstances, the court had no alternative but to issue preliminary injunctions against the en- forcement of the statute as to passen ger rates and the charges upon the commodities, and the statute ipso facto forfeiting the right to do domestic bus iness in Alabama, in consequence of bringing a suit in tht Federal court to test the validity of these statutes. The court asked for argument against the propriety of any of these orders, and was answered by respondents counsel that 1t was not necessary, slnce there was no resistance to the issue or the preliminary injunction.
 Tt is proper to say now that in re- straining the enforcement Of the freight and passenger rate and prose- cutions for not conforming thereto, the court trod squarely in the footprints both of the Supreme Court of the Unit
 
 Alabama. as shown in: smith vs. Ames. 169 U. S. 406; Began vs. Thust Co.,. 1b4 U. s. 362; Davis and Furnum Mfg. Co.,, vs. Los Angeles. 1S9 U. s. 207; Dob bins vs. Los Angeles, i95 U. s. 223; Prout vs. Starr. 1SS U. S. 537; Mayor of Columbus vs. Rodgers, 10 Ala. 37; l.. and N R. R. Co.,, vs Fort of Mobile, S4 Ala. 115; S. and N. R. R. Go, vs. City Council of Montgomery, S4 Ala. 127; L. and N. R. R. Co.,, vs City Of Bessemer, IS Southern Reporter. sos.
 Injunction Saved All Rights.
 "The bill uncontradicted made a pri- ma facie cast of confiscatlon. or depriv- ation of property without adequate re- turn upon the value devoted to domes- tic commerce, and of irreparable in- jury, if the statutes were enforced pen dente lite, while the rights of the pub- lie could be amply secured by bond to refund the excess rate, if the reduction in rates were adjudged valid.
 The statutes ipso facto expelling foreign corporations for bringing suits in the Federal court to rest the valid- ity of the rates was declared unconstl- tutional, beca -se it violated Section 240 of the State Constitution, and also Sec ion eo against impairment or contracts, and also those provisions of the Con- stitution of the United States which prevent the denial by the State of equal protection of tht law, the impairing of ma facie case of confiscation, or depriv- ation of property without due process
 'The only estion remaining as to that statute was. whether complainant had any adequate remedy at law, and whether, if its execution were not en- joined, irreparable damage would not result to the public and the complain ant alike A brief consideration of its effects could leave no doubt of the pathway of the court.
 If this statute were enforced, then persons and goods at one point seek ing another point in this State must bo beyond it's limits and then return to the desired destination. For all practical purposes of domestic commerce along complainant's line, the statute blots out It's road almost as completely as if the rails were torn up and the road bed dismantled.
 Effects of Outlaw Act.
 Coal iron and limestone. whose close proximity to our furnaces has given such wondrous impulses to our industries. would be pu, out of our reach, and the advantages of nature turned to naught by the operation of the statute The local distributing cen- ters and the Alabama communities de- pendent upon them would both be shut out of 6fefr home market.
 .'IJnder the strain of such conditions, the merchant would be bAnkrupted, and every home would feel the pressure of