The Montgomery advertiser., 1907-01-23

ing that it embodied one of the de
 mands made upon the Legislature by | the people of Alabama, which demand
 had been incorporated in the Demo cratic platform.
 The bilI is to protect the people
 from the arbitrary and unjust retusa | of railroads to pay for merchandise
 or other goods lost or injured in ship
 ment" sad Senator Lusk. The evil
 this bill seeks to correct Is general. l You can hear of 1t in your cities. in your hamlets. in every section of your l State" Senator Lusk addressed himself par | ticularly to the section of the bill | which declared. if common carrier
 was sued and damages granted. the | claimant could recover four-fold dam- l ages from the railroads which opposed 1 the payment of the claim. Such a pro- vision was not unknown to the laws of
 Alabama. Such a provision had been ! incorporated in stock law bilIs. in which a farmer was laid to five fold
 damages.
 Supreme Court RaIIag. Senator Blackmon reminded the law | yers of the Senate that the Supreme | Court had. in 1887. in deciding the case of Sistrunk against the Columbus and Western. declared unconstitutional an act which had a provision similar to | that of the ,"four-told" provision of | the present bill. That act provided
 that when a railroad was sued for a stock claim and judgment was rend- cred against 1t, the claimant could get 10 per cent. increase paid over
 the claim for attorneys fee. The court
 held in that case. said Senator Black
 mon, that the provision did not fall
 alike upon all citizens of the State
 and was. therefore. unconstitutional. He thought too. that the lawyers would agree with him that claim for 1 damages against a railroad was one thing that grew wonderfully before it was pres ented to a court.
 The bill says the claim can be Ie- gally presented to servant of the corporation or common carrier" con- tinued MT. Blackmon. "So far as am able to determine. 5fere has never l been any public clamo- that the law should be so changed that notice of a
 suit could be served on brakeman or l a section hand"
 It occurred to Senator I.usk that
 the objection raised by Senator Black
 mon was good and he had the word
 servant" stricken from the bill. Senator Toles of Wilcox sroke against the Unfairness of the four fold" renalty. He wanted reforms in stituted but he wanted to be fair and just to all, whether person or cor poration.
 Senator Lelth described the crying evil, from which the people suffered by the unjust refusal of the railroads 10 pay claims for losses and damages. l; was the duty of this Legislature to l remove that evil. although the tour | fold penalty appeared to him to be se- were. But some way could and should be found.
 Heavy Penalty Needed. Senator Reid of Ccvineton was frank | lv for the four fo'd'' penalty. It was strong but 1t required something 2 strong to meet the conditions from 1 which the people of Alabama had suf- l fered SO much Senator Reid declared | that the provision would accomplish what it was drawn for. If would stop I these arbitrary delays in the payment | of claims.
 ! The IIinson amendment came in at this iuncture and it was discussed. In 1 its bearing mon the roint at issue in the "fon~- -Fold" penalty"
 MT Ssk moved the tapling of Sem | ator Hinson amendment but the Sem ! ate refused to table 1t by vote of | g ta s.
 Senator Miller then prorered his
 amendment providing for the gradu- ated nenalty
 | Senator Wilson the last Senator to 1 sneak on the point at issue. declared that the senate could do nothing less than remove that condition. The Miller amendment was then ac- | ccpted This having been done. the Senate then passed the bill. It was ;3O o'clock ?. m, before the | Senate fjVpd Itself rsady to adjourn