The Birmingham age-herald., 1907-08-03
ACT DOES NOT AFFECT
 THE STATE LITIGATION
 AGAINST RAILROADS
The Law Under Which the Revocation Was Made Did Not Go Into Effect Until After Railroad lnjuncticns
 Had Been FiIed-RaiIroads
 Anticipated the Action.
BY HERVEY w. LAIRD.

Montgomery, August Especial )-Tnc license of the Southern railway to do busi- ness in the state of Alabama has been re- voked, by action of Secretary of State Frank N. Julian. who has caused to be entered upon the stub of such license in the records of his office, the statement that fer violation of senate bill No. s6, approved March, 1907. and effective July l, just passed, the said Southern railway has been deprived of it's right to do busi- ness in the state.
 It is also a fact that the action of the secretary of state is not in resistance to restraining orders issued by the Urpited States court of the Fifth circuit, as this law is not among those combatted by the railroads and not included in any of the litigation now pending in the court of Judge Thomas G. Jones of the middle Alabama district Hence the situation IS not that of conflict of the state and the federal tribunals. While it may come 70 this in the end, there is nothing of lt yet.
 The case upon which the revocation was made out came from the circuit court of Ialladega county, in the shape of noti- hcatlon from Clerk J. p. McNeel that d eult had been removed from the state court to the federal. Secretary of State Julian looked carefully into the law and found that there was nothing else to do but mark the license cancelled as inc sec ton of the statute Is automatic. How ever, he decided yesterday not to make the matter public until today. That being Inc ease reporters were given the usual reply Of nothing doing by MT. Julian yes terday. The fact is the matter was kept so quiet that even the office of the attor- ney general knew nothing of 1t until this morning.
 Act That Was Used.
 The statute upon which the case WIS brought out. is, as noted above, a senate bill approved last March. As it did not become operative until July 1, 1t was not lrcluded in the application of the railroads Tor a restraining order by the United States court and is not affected by the decision of Judge Thomas G. Jones de- cIaring the railroad rate litigation act for revocation of license invalid So at the present at least there is no contest between the state and the federal court 1t Is also hard to figure just how the mat ter will>come to a head, as the Southern does not run into Montgomery and ser vice in any sort of contempt proceedings Noulu nave To ne made on the line of tire road some ewherr else, it is theught
 The act requires that after July every corporation outside the state shall pay license Of $l0 a year for the balance of this year six months, s5; that the secre- tary of state shall keep a complete record or moneys collected. and that it will be unlawful for any corDorat tion to do hllsi- ness in the state without this license.
 Section provides that when any foreign corporation is sued in the state courts and removes such suit from the state to the Federal court, the clerk of the court from which the removal was taken will al once certify such action to the seere- tary of state .'who shall thereupcn imme- dately cancel said license and make and enter upon the stub thereof an order in substance: This license is cancelled for violation of the act under which issued by the removal of a civil cause from the court Of this state to the federal court This shall be evidence of the revocation of the license in any court of the state. It also says that after such revocation "any contract, agreement. engagement or undertaking with or by or to such cor poration shall be utterly null and voidp
 Way to Get New License.
 After q license is cancelled in this way 1t can only be renewed by the payment to the secretary of state of "a sum in cash equal to one-tenth of one per cent f such is made in the way indicated, the new license can be revoked in the same way and for the same reason as the old
 It is then provided that any person who shall make or attempt to make any con tract for the use and benefit' of any corporation so outlawed. shall be guilty of a misdemeanor and on convic- ton be fined not less than one hundred dollars nor more than one thousand dol- lars and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than twelve months one or both at the discretion of the jury trying the case"
 It is provided that this act is not to interfere with the movement of inter- state business: also that all conflicting laws are repealed. The act is also framed to reach the employees of the outlawed corporations when they become such, by prohibiting any person acting as agent servant or officer of such corporation from removing suits in the way indicated
 The act was unknown to many, who thought that in the restraining of the railroad acts this feature of the situation had been amply taken care of. But it seems that few knew that this feature was in the law and the action of the Tal- 1adega court. known to only few last night, came as q surprise.
 Railroads Not Mapping.
 Were the railroads caught mapping is a question asked today. An attorney of several leading lines said today that they were not. They knew of the features of the bill and paid the license tax of $5 for the rest of the year with the understand ing that in such action they were not agreeing to the provisions of the measure or relinquishing any rights that they might have by so doing. They paid the 
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