The Birmingham age-herald., 1907-08-22


 ful and proper measures to secure the domination by the state of it's domestic affairs.
 If the statutes already enacted are in sufficient or need modification or amend ment, or if other Legislation is necessary to accomplish the jend stated, l will not hesItate as often ias may seem necessary, or from time to time to call the legisla- ture together in extraordinary session.
 Furthermore, if the statutes upon the subject of freight passenger charges on ntrastate 51ind domestic business are not being observed by October |, 1907, by all the railroads under the terms and upon the conditions agreed on with those roads hereinabove mentioned, that Is, the Southern and Aallind Knes. the Frisco. tha seaboard andi Birmingham and At lantic Air Line and the Coast Line. and if 1t shall appear that under exist ing laws the state in it's just effort to regulate rates is thwarted by any su- peror power, I will, at that time. call the legislature In extra session to deal with the whole subject and for the pur- pose of passing such laws as may secure the full regulation by the state of its public service corporations.
 Answers Are Filed.
 On the advice of the attorney general and the suggestion of the governor  from the federal court with regard to the order restraining them from enter ing upon prosecutions for violations of railway rate acts. Solicitor Dent filed his today. Tn ey hold that the court has no right to restrain criminal pro ceedngs and argue on constitutional grounds the Insecurity of the position of the railroad suits.
 The answer contends that there Is no equity in the oill as against the sollcl- tor of Montgomery county that to grant the injunction would be in viola tion of the state statutes and the con stitutlon of the United States; that it is a violationi of the constitution In that 1t is in reality a suit against the state; that the fec eral government has no right or Jurisdiction to restrain a prose- cution on criminal charge.
 It is also held by Solicitor Dent that he is charged with no specific duty by the state with regard to rate acts and the amended bill and is not in any proper sense a defendant to the bill.
 Solicitor bent received the papers from the governor today. The letter from the executive advised that he hIe the paper as written with the clerk or the United States court signing ana filling in the blanks that were left open. It is understood like letters were sent to all the solicitors and sheriffs against whom the restraining order granted by Judge Jones' and to which answer Is to be male next Saturday. was directed Just what attitude Is suggested with re- gard to future action Is hard to tell. Solicitor Dent said that 1t was not nee essary for him to discuss his probable action as he had no grand jury until October.
 There have been two circuit courts to ass emble this week, but neither Judge che, ,rged that it was the duty of the grand jury to indict for violation or sNate acts. though such acts were re- tstrained by order of the federal court Al CenterviIle Judge Miller said that /the jury had no power to interfere Tn the restrained acts; that court Of competent jurisdiction having enjoined th. acts there was no means of legal prosecution In the matter one way or inc other. Judge Vert of the Morgan county court said he would charge the iurv of his court that the laws were being violated and the railroads should be indicted.
 Big Bunch Sentenced.
 Judge William II. Thomas today sen tenced a large class of prisoners con viGted at the present term of the crlmi-
 -, ao,,, +ba entire time running to