The Montgomery advertiser., 1907-08-18

official, does not relieve him of obedi-
 ence to these plain principles of law, or take from him the duty which rests on all. whether officials or not to re-
 frain from acts which would have the effect to ,evade or destroy the force of the decree of a court. whether State
 or Federal. which first obtained juris- diction of the matter, a course of conduct which the Supreme Court of the United States has repeatedly ad-
 monished us is essential to the well
 fare of society and the just rights and dignity of State and Federal govern
 ments under our complex institutions.
 There is no law in force under which complainants are liable to pros- ecution for not charging the rates fixed by statutes for freight and passengers. These statutes have been suspended and enjoined, and are not in force now. The statute which provides pains and penalties and forfeitures for doing do- nestle business, because of the insti- tuition of the suit testing rates in this Court, is unconstitutional and void.
 There is no color of authority or any law which supports the right to indict complainant or arrest its ern- ployes. or to justify civil suits against it. because it transacts its business contrary to the provisions of void and unconstitutional statutes, or those whose operation has been lawfully sus- pended and enjoined
 When person, official or other wise, sues out warrants and makes arrests, he becomes a trespasser. There is no legal warrant for his acts The law does not justify it .and cannot shield him. The following quotation from Vicksburg Water Works Co, against Vicksburg. 1855 U. S., 65, is quite pertinent here In that case it was contended in the Supreme Court that it was not shown that any actual proceeding had been begun to destroy complainant's rights, an dthat mere apprehension that illegal action might be taken, could not be the basis of enjoinfng such an act,' and that the Supreme Court should have dismissed the bill. But the Supreme Court an- swered:
 !" It is one of the most valuable fea- lures of equity Jurisdiction to antic- ipate and prevent a threatened injury where damages would be insufficient or irreparable. The exercise of such ju- risdiction is for the benefit of both parties: in disclosing to the defend mats that he Is proceeding without warrant of law, and in protecting the complainant from injuries which, if in- ficted, would be wholly destructive of his rights
 We repeat. there is no element of crime here. The laws alleged to sup port 1t are not in force. They have been either declared uneonstitutional, or suspended by operation of law. There is no law which authorizes any tribunal to fine or imprison complain ant or its agents. In enJoining these prosecutions, the Jurisdiction of no tri- bunaf. civil or criminal. is invaded. So. Exp Co. vs. Ensley. 116 Federal. 7O6.
 ''FundamentaI constitutional rights of complainant and vast interests of the public are threatened. The mails of the United States and interstate commerce will be subjected to destructs i've interferences.
 "It Is not q question of rates, or what the final proof as to this will show. The issue rises far above that. The question presented is whether. when an alleged right is presented in the courts. the suitor shall be permit ted to have the benefit of the final judgment, whatever 1t may be, and whether executive officers, in order to deprive him of such benefits. may dis regard and ignore the orders and de- crees made in the Court having juris- diction of the case.
 'In short 1t is, whether we shall have anarchy or a government of laws whether executive officers must bow to the law as administered in the courts. Today it is the Jurisdiction of the Federal Court which is sought to be undermined; tomorrow the same in- nuence may assail the power of the State Court to determine the reason ableness of rates. Upon such an issue, squarely presented, this Court does not doubt 1t will have the sustaining pow CT of a just and enlightened public | opinion, as well as the support the | > ment of the decrees of the courts.
 '"Tbe orders asked will be granted" |