The Montgomery advertiser., 1907-11-25
HOW THE STATE HOPES
 TO QUELL RAILROADS.

lie opinion would so change that the Legislature would not carry out his | wish ?" l "No. that was not the reason" the administration man replied. The Gov ernor and his attorneys feared a de- cision from the court. And they feared | that decision would not be favorable. !" | So the anti-railroad warfare was brought down to the extra session. The Governor had now abandoned the Qeor- | gia plan of dealing with the roads Governor Glenn in North Carolina had scored a ten, strike in dealing with the roads. Some ideas might be gotten I from there.
 | So he had conference in Atlanta with Governors Glenn of North Caro- lima and Hoke Smith of Georgia. At- torney General Garber went to st. Louis where he met the Attorney Gen ! erals of fifteen other States. At At lanta and at St. Louis. the principai subject discussed was the subject of I finding means whereby a State Legis- lature could prevent railroad from going into Federal Court. The extra session began with the admfnistration in possession of a brand new set of ideas on the railroad oues- tion, most of them dealing with means to prevent the granting of in- functions. Some of the Ideas came from North Carolina. some from Min. nesota, some from Arkansas. some from Indiana.
 In short the ideas came from every State fin which there had been agita- ton against the railroads. These ideas were wrought into bills by the states attorneys and presented to the extra session.
 The details of the bills were only understood by the States attorneys and the attorneys for the railroads. They were too intricate for the Iay- man. or the average member of the Legislature.
 Features of New Laws, But the general trend of them was understandable. The central feature was united legislative effort to pro- vide means for lodging court inturc- | tions. Every idea to this end previ. ousiy adopted in other States was tried. Acts declaring charters forfeit ca or transferring cases. were If course made important features of the Then the Railroad Commission and the Attorney General were deprived Of the power to enforce the rate lava This was done to keep them from be- ing targets. for injunctions. Then series of bills were intro. duced ana passed under which any citizen could become party to the enforcement of the new laws. Any person who offered to pay the s.atutory fare and was refused either ticket or admission to any passen ger train was authorizeo to bring . dan. age suit and an easy way for him 10 do 1t was Iseovided.
 The agent or conductor who refused. while acting for the railroad, was made personally responsible. as we'll as lhe road.
 Any citizen who was refused asr- mission to ship goods at the statuto-v rate could also bring suit for dain- ages against the road. It was made also an offense against the criminal law. Ilsis was done to sieprixa arv court of an injunction target. | That coiIusfon Amendment.
 Tn the concluding days Governor conner sent Tn an important amendment under which plaintiff might aiIere IT an injunction had been granted bv another court. that the injunction had been secured through coilusion. The amendment placed the burden of proof upon the road to show that there was no collision.
 This amendment was taken to mean that the Governor feared that these various acts would be enjoined by the roads and that he wanted to have new means of fighting the injunctions. several acts were passed. affecting the duties of the Railroad Commission It is known that the adininistra tion sets great store of these acts. The commission under them is given more power than 1t ever had before and per haps more power than any Railroad Commission of any other state has One plan of the administration to coerce the litigating railroads is to nave the Commission win a victory by piece meal fighting-that Is, reducing arkg after the other until 1t should be con quered. SS 0""-
 The Governor had passed eight Groun BiIls which not only classified inc railroads of the state. but which classi- fled also the commodities hauled bv those roads In this classification the
 good roads" were rewarded for their surrender and the bad roads. were punished.
 The Louisville and Nashville and its allied line were made in a single cIass which was put first. These lines are required to charge che lowest rate by Tar Of any in the State.
 Southern is Rewarded.
 The SCouthern and it's allied lines. which had previously been in the first ana second classes were dropped to the third class and given much better show than the roads of the first class.
 It was contended on the floor of the Senate that such a classification was manifestly unfair and that If attacked in any court 1t would be overthrown. But the bills were passed just the same.
 loop hole for the State was left. however. of winch 1t could avail itself If fight in the courts became too warm on this proposition The Rail- road Commission was given the power to change the classification of the road=.
 The question arises, have the roads been prevented from going into court? The members of the legislature them selves doubt 1t. They have done all In their power to prevent 1t. but they doubt if they could do anything that would keep the roads out of court.
 Will there be new phase of the litigation? It is certainly expected The railroad attorneys positively re- fuse to talk. The bills have not vet been signed by the Governor. He has several days in which to sfgn them He went to Birmingham Saturday night and probably will not return to Mont gomery until Tuesday. aD
 In the meanwhile President Milton H. Smith. who remained in Montgomery throughout the extra session is stiil here. occupying quarters in his private car. General Counsel H. L. Stone of Birmingham. are also in the city But all of them decline to talk.
 When ths British Left New York.
 New York. Nov. 24.-Tomorrow will be the 124th anniversary of the evacua- ton of New York by the British one