The Montgomery advertiser., 1907-11-28
WEEDS nrsr ArD PEACE,


 ALABAMA NEEDS REsr avn PEACE. The railroads sought protection in the Federal Court against the rate acts which have been repealed. The repeal of those acts Is an admission alike that the court had Jurisdiction and that the rates were unjust. It is quite cer- tain some of the railroads will renew their contention against the rate fixed by the new acts. Others. however. in- terested in the roads have already entered the arena. Yesterday the Cen tral Trust Company of New York, filed
 its bill in the United States Court here against the Central of Georgia Railway Company and numerous other persons to restrain them from putting into effect the new rates. and procured restraining orders. The bill states that the railway company is mortgagei to the Trust Company to secure cer- tain income mortgage bonds alleging in substance if the rates are enforced. it will have no means of paying its debt, and the rights of bondh olders will be confiscated.
 The acts recently passed increased the rates slightly, and, repealed the former acts as to the contest in the courts as to rates, and contain other provisions framed for the purpose of putting 1t out of the power of court 1 to enjoin the immediate enforcement of the rates. The power of the Legisla- ture to effect such a result was stren- uously denied when the bills were on their passage. It is the general opin- | ion of the bar that neither the State nor the Federal Constitutions will per- init such shackling of the courts by Legislation.
 The reasonableness of the rates is an insignificant matter compared with the weightier issues involved. An issue as finding out the truth about disputed facts. The graver issue is whether any one can be shut out by any form of law from the full protection of the equity power of the courts where in- vasion of property rights in violation of the Constitution is alleged. There would be absolutely no use for Con- stftution, if any law the Legislature chooses to pass can be immediately en- forced. pending inquiry as to its val idity. no matter how far 1t may violate the Constitution or how ruinous Its en- forcement. in the first instance. may prove to the property rights of the in. dividual. The ordinary mind has al- ways supposed that court has as much power to preserve a mans prop erty rights in the first stages of liti- gation as it has when the time arrives for the court, on all the proof, to make a final decision enforcing a right. Courts were instituted to decide such questions. If the effect of constitu- tionaI safeguards can be avoided by the form in which the violation, of them is clothed. constitutions are worthless, and the lass barrier of the citizen against injustice and wrong is swept away. Since the days of Magma Charta, the right of every one to rree- ly resort to the courts to get redress of wrongs has been constantly declared as the heritage of every freeman. In our American Constitutions, the right to have the protection of the courts is guaranteed against impairment by con- stitutional provisions. such as in Ala bama, that "the courts shall be open"; and that every one flor an injury done him in his lands. goods, person or repu- tation shall have a remedy, etc." Who does not see, if the effect of immediate ly putting a law into operation is to illegally deprive of property. or "to do injury to his lands, goods or person." which cannot be prevented if the law is immediately enforced. and the Leg islature may, nevertheless. prevent that protection at the outset that we then have the infection of Injury" without a remedy" which the Constitution says shall not happen.
 At the extra session agitators de- nounced the railroads as violators of law, because they went into the courts of the country to protect their property rights. If there can be anything wrong in that. the Constitution which pro- vided the courts, and not the men who go into them. is the criminal. Any one can see that these loud-mouthed harangues are no more nor less than assaults upon the institutions of the country. These same agitators vicious ly assailed the court for enforcing the Constitution for the protection of liti- gants. Only a short while back, the more violent of the agitators boldly threatened that the State militia would be called out to resist the court If the execution of the laws were en- Joined. These baleful and pernicious threats greatly disturbed the peace of our people. They gave false impress sions of us to the outside world. and