The Montgomery advertiser., 1907-08-16


 
 the railroad by charging greater rates Is. therefore. violating no law Had the railroad contented itself with ob- taining suspension of rates, this would probably have been technically sufheient, for as no rates would have been in force. no offense would have been committed by ignoring such rates. and any effort to enforce the rates would probably have subjected 4he prosecuting officers to proceedings for contempt of the Federal Court and also made them and the arresting off cers liable to the party arrested and prosecuted.
 This probably would not have been understood by the prosecuting and ar resting officers throughout the State without careful study of the subject which they could not be ex- pectec to give, and the railroad therefore thought 1t both wiser and fairer to sue out an injunc-' tion against the Railroad Commission, the Attorney General and all other per- sons, restraining them from enforcing these rates.
 This. 1t thought at the time. would be sufficient to put all parties interest ed upon proper notice. but atfer this was done. 1t became manifest from nu- merous articles, and interviews in the
 
 the existing restraining order was bind ing upon the prosecuting and arresting officers. Fearing that this misunder- standing might give rise to unneces- sary conflict between the State and Federal Courts, the railroad thought it wiser and fairer to set this mis- understanding at rest by having the restrainingAorder and injunction so ex- tended as to include by express lam l guage. the prosecuting and arresting officers, and it. therefore, amended It's bill so as to make them parties to the suit, and so as to enjoin them from arresting or prosecuting the railroad | its officers, agents or servants upon any charge of having demanded and received greater rate for freight and | passengers than that prescribed by the | several acts of Alabama.
 Reasons for Course Pursued. Tt is general rule that a Court | of Equity has no Jurisdiction to enjuin criminal prosecution, but there are l exceptions to this rule that are every where recognized and fully established by decisions both of the Supreme Court of the United States and the Supreme Court of several of the States of the United States, including Alabama, and one of these exceptrons is, that where l criminal prosecution involves, as 1t does in this case, the deprivation of a person of large property interests, and the law under which the prosecution is threatened is unconstitutional and void, or upon the facts 1t may be held to be unconstitutional and void. the court will, for the purpose of protect ing such property interests, enJoin the criminal prosecutions.
 Another exception Is that where be- fore the commencement of a prosecu- tion, Court of Equity has taken ju- risdiction of the subject matter in con- troversy, and the effect of the pros- ecution will be to interfere with the enforcement of the rights of the par ties under the orders of the court talk ing such Jurisdiction, the court will by injunction, protect the parties from being deprived by criminal prosecu- tions. of the fruit of its adjudication.
 Both of these exceptions are in- volved in the present case The ar- rest and prosecution of the railroads officers and agents which has been threatened would be so numerous end would so entirely prevent the per- formance of their respective duties as to make 1t impossible for the railroad to operate without eonceding the con- tention of the defendants in the cause, and thereby surrendering a large por- ton of the benefits that 1t would oth- erwise derive from the protection of sAS IVuTA tAo llAHhttDus anu giving up large amount of money to which 1t is justly entitled, provided it Is right in its contention.
 The railroad believes that since the effect of the orders of the Federal Court has been made plain by the last amendment to its bill, there will be no conflict between the Federal and State Courts, and that the rights of the rail- road and of the public will be fully nrn In the court in which the cause is pend- ing This, at least, is what 1t hopes for and expects.
 we do not believe that any good citizen would care to deprive the rail- roads of the rights that are guaran- teed to every citizen of the United States by both the Federal and State Constitution and laws to enforce It's rights in the courts of the country. If these rights can be denied to railroads. they can and will, when occasion arises. 1 be denied to individuals"
 Includes Sherlffs and Solicitors.
 The full text of the amendment to its original bill of complaint filed in | the Federal Court by the railroad so l as to include the sheriffs and solicitors | of the various counties through which | 1t runs, is as follows:
 Comes the complainant in the above | entitled cause and. by leave of the | court first had, amends its bill of com plaint in said cause, without prejudice | to the restraining order heretofofe | granted in this cause. by adding there- to at the end of the paragraph, in which the names of the parties defend ant to said bill are stated, the follow ing, viz: o. L. Gray, Charles R. J. F. Thompson. W. B. oli- yer, B. N. Burr. D. C. Almon, John McQueen. R T. Simpson. Jr, R. H. Parks, Jas. N. Granade, D. D. Askew, Geo. W. Dardsn, Chas. HalI W. w. w. A. Weaver, A. .-E. Gam ble. J. J. Arnold. W. C. Tunstall, Jr, Wm. NJ. Adams, M. J. Lee, John Teath, P. c. walker. s. JA Griffin, L. H. Bras sell. J w. Rateman. J. D. Lee, w. J. Boykin, c. D. Carmichael. H. P. lief lin, John P. Abbott, J. B. Aird, E. D. Smith. l.. D. Godfrey. J. Q. Smith, H. c. Thaeh. J. R. Bell. E. E. Taylor, J. H. Webb. O. o. Bayles, s. H. Dent. Jr., Wm. T. Seibels. L.. r. Troup, Jas. T. Leep6r, M. Fl. Sims. c. B. Werner, NJ. Bonner. Robert Mangum, Joe. A. Chambliss, Thos. A, Booth, Jas. G. Oakley, W. E. Graves. W. S. Watson, Wm c. LeGpand, J. s. Catts, Jas B. Knight, A F. MeClesky. J. F. Irwin, W. T. Prestwood, A. J. Casey Jas. P. J. W. Weldon, G. K. Fountain, B. M. Pike, J. D. Jenkins, E L. Hig- l don. Calvin W. Young. Henderson Legg, W. E. Haynes. W. s. Grant, Frank Gonzalas, sr., M. McFountain, s. s. Belser. Thos. R. Shipp, J. H. Full