The Montgomery advertiser., 1907-08-18

I refund Sany excess charged to passen- sgers and shippers. if the complainant be finally cast in the suit.
 The court declared the statute for feiting the complainants' right to do domestic business here. because of the institution of the suit in this court, unconstitutional and void, not only be- cause 1t violated the provision of the Consultation of the United States against the passage of laws impairing the obligations of contracts aad the denial by the State of the equal pro- lection of the laws and deprivation of property without due process. but also because 1t violated Sections 95 and 240 of the Constitution of Alabama. and the court, accordingly. issued prelim- mary injunctions against certain named officers and all other individ- uals.' to prevent any attempt to en- force these statutes. until the further order of the court.
 Laws Not in Force.
 We have, then, cases where party contests in the courts, in the mode pre- scribed by the States own statutes, the reasonableness of rate regulation, and where the law fixing those rates has been suspended by the court under the authority of the States own laws, as we'll as upon equitable principles, These laws. being thus suspended as well as enjoined, can have no opera tive force again until that suspension
 is revoked by further order of this court or some higher court. There is now no law in force to be violated by disregard of the rates.
 "No offense is thereby committed against the laws of the State, if we look alone to them, and also make the unwarranted concession that its laws Ttv.alA kI.1 f4xrr nf a of the United States, In this condition of the cases. there is no unlawful act upon which any one can legally fasten penalties, or which can furnish any element of a violation of the law of the State. either civil or criminal.
 "A law cannot be violated at time when 1t Is not in force. The passenger and freight statutes stand in legal contemplation and effect at the pres ent time, just as any other law which goes into effect at some future date, upon the happening of some conttn- gency as where It's taking effect de- bends upon local election. or the as- certainment of some particular fact by some designated officer.
 "No one the court takes it, can seri- ousiy urge, throwing aside for the moment. the potency of the supreme law of the land. that the Legislature of Alabama contemplated. notwfth- standing rate laws were suspended by the court, in mode prescribed oy It's own laws, pending final inquiry in- to their reasenableness. that neverthe- less 1t should be the duty of any of- ficer to treat such a suitor as crtmi- nal and vioiator of the lawyof the land, because he did not conform to the prp- visions of the suspended law.
 Such construction would raise lurking intent behind the words or the statute, which no respectable court would impute to the law-making power of State. to trap and snare an un- wary suitor. who, in the mode invited by its own laws, as we'll as in the ex. ercise of rights the Constitution of the United States gives him. has asked court to decide upon it's legis- lation and procured its suspension meanwhile It would also involve the LegisIature in the attitude of tntend- ing, although the Constitution de- clares, No power of suspending laws shall be exercised except by the Leg islature,' that executive officers. though no such authority is given them by law, should themselves set aside the laws which authorize suspension or the rates, and thus put them back in foce, notwithstanding the State laws had been suspended in the mode they 1 provide, pending final inquiry as to their validity.
 ''The bare statement of the propo- sition shows how utterly unfounded m reason is any theory that the Legtsla- ture intended or desired, or put any duty on anybody. to see that It's stat utes should be enforced while they are suspended under it's authority.
 No Warrant for Trespasses.
 We have, then, the case of q statute declared unconstitutional by court of competent Jurisdiction. ana two other statutes which may, or may not' be adjudged void, depending upon the final proof not now obtainable, but whose operation has been suspended. not only in the undoubted exercise or the jurisdiction of the court of equity, but in the mode provided by express authority of the State laws. There ls absolutely no legal warrant or autnor- ity for the trespssses, whicn the and twill be committed, nevertheless' in the name of the law.
 "The importance of a right under standing of the power ana uuty VI court of equity in cases of this kind seems very essential at this time, ana tustifies a more extended discussion than the question of law involved would ordinarily demand. The ques- ton is-not new. or at ali difficult or solution. Let us see what tt Is that has been stopped by the order of the court It will be found that it's orders' in no just sense, legal or moral, in- volve any interference with the crlm- inal laws of the State
 What is the right here In issue and what mode of settling it is pre- vented by the law of the State and the United States? How does the question arise? The question arises out of the performance of a service by carrier in transporting passengers and freight. The thing done, the law demands the carrier to perform.
 Tt is essential to the public welfare that 1t should undertake the duty, and harmful to every interest, public and private, If 1t does not discharge it. In performing the service, the carrier vio- | lates no law of God or man, but on the contrary complies with the duty the law of the State puts upon it. The act of rendering such service, therefore, cannot impertl any right whatsoever, or involve any question of the morals. welfare. peace or happiness of the people.
 '"rhe performance of the service does good, not harm. It Is neither malum prohibitum, nor malum in SC. Such