The Montgomery advertiser., 1907-08-01
Governor Talking
 Of Extra Session
 on Railroad Issue.

who never had figured much as a rail- road tanner was presented to the world as the only original: the man who made them lie down. play dead and feed from the naked hand There was something wrong somewhere and the the Alabama Governor.
 He called the lawyers he had en- gagged for the State to come to Mont- gomery and talk 1t over with them Letters were slow; he used the long distance phone.
 .'Tf Glenn Can, Why Can't If"
 They were here Tuesday night and Governor put this question to them: ! Why can't I do in Alabama what Glenn has done in North Carollna?'
 In fha>confer once with the Governor there were Judge R. w. Walker, Cap tain Frank s. White, Horace Stringfel- low and Attorney General A. M. Gar Der. The conference went carefully over existing legislation. The confer ence devoted itself particularly to the criminal provisions of the legislation affecting railroads as passed by the Legislature at it's winter session.
 Under the Constitution statutes with criminal provisions do not become ef- fective until thirty days after the final adjournment of the Legislature. That would take too long. Besides 1t was not clear that the criminal provisions civil provisions. while the litigation over the justice of the laws was in progress in the Federal Courts. A gap had been left open in the anti-railroal laws. They had not left open any gap in North Carolina. but in Alabama, in some way. the suppos- edly perfect legislation had a big hole in 1t. In North Carolina Glenn could trip the railroads. In Alabama Conner was without the power he thought he had secured
 It was not the fault of the Legis- lature. The Legislature had done all that the administration had asked its members to do in the way of anti railroad Legislation. The Legislature had been elected pledged to carry out the railroad policies of the Gov ernor. The Democratic platform de- manded of the Legislature just what the Governor wanted the Legislature to do, and it demanded nothing else. The ideas of the Governor were carried out to the fullest. Not one of the anti railroad propositions coming from the Governor was turned down.
 And yet under the railroad legisla- ton drafted by the Governor and his advisers and so sacred that no man was wise enough to touch one phase of 1t, the laws could be easily sus- pended And over in North Carolina, governor Glenn was bringing the rail- roads to their knees.
 Can the Laws Be Changed Nowt What was to be done about 1t? Somebody speak up quickly.
 There was practically nothing to be sdone. The Iaws were passed and now they were suspended. An extra ses- sion could be called, but would It dc any good? The laws were suspended. Could the laws which were already sus- pended be changed while they were In the courts?
 The laws were suspended because thev were defective. While the issue was being adjudicated in the court could the Legislature come along and change the acts so that the State could get the best advantage from pending law suits?
 Nobody knows what the Governor legal adviser said on this point But it is supposed that If they held that the State could change its laws while they were being tested in the courts thai the State could change its laws SC AS to correct defects, the extra session would undoubtedly be called. But law vers outside of the conference gave the curbtsone opinion that this could not be done. -
 Last night this phase of the issue was under consideration. If the Gov arnor ia convinced that the Legislature can do this and help. the States side out of the law suit. while the law suit is pending, the extra session Will be called. Today the result Will De known.
 In the meanwhile the victory of Gov ernor Glenn is only temporary. It was contained only in compromise grant ed by the railroads under the terms of which the railroads would a month from now begin selling passenger tickets at ? l-2 cents mile. while the case was being tried in the Supreme Court of the United States. The main issue is by no means settled-the issue as to whether that rate Is or is not confiscatory rate. The Supreme Cour of the United States only can oecioe