The Montgomery advertiser., 1907-03-28
In.erestlns aevelopments .are confaen.

interesting developments are confden- l ly awaited.
 l It is. In the range of possibilities l that the Board acting under the new laws will raise the tax valuation of the railroads. In this event the roads may go to the Federal Court asking for a mandamus or an injunction in protest against the raise. This. of course. Is not certain 1t is only pos
 sible that this may happen. But those who know think that 1t Is very prob able At any rate the laws passed to cuSb and repress the railroads are to he given close scruting In the courts. Judge Walker, Judge Weakley. Mir. | Selheimer and other attorneys inter ested in the case held conference with the Governor yesterday They de- cltned 10 discuss the conference and l m statement was given out from the Governors office. Senator John A. Lusk and Representative Sam Win John. House and Senate leaders for the | administration remained in the city | yesterday and were in conference with the Governor. The State officials. 1 however, are all quiet on the pending | litigation.
 It Is an interesting fact that Judge Walker and Mir. Selheimer both serv- ed in the Constitutional Convention and that Judge Walker and Judge Weakley both occupied seats on the Supreme Court bench.
 Of course all court proceedings were l suspended pending the hearing of the injunction proceedings. There will he no developmhents until the case is called for its appointed hearing Satur- day morning. It has, however, become
 the most discussed matter in the State
 of Alabama. At the Capitol in interest
 1t overshadows every other subject t.-AA -..srF pally in its bearing upon the national | railroad policy. In the first place the Federal Courts, Circuit, Appeals and Supreme Courts, before they dismiss this question will decide how far regu-.
 lation of intra-state traffic interferes with interstate traffic. In their bills
 praying for the injunction each of the
 railroads give exact figures as to the
 amount of their interstate and intra- state business. Tn addition to this
 they give figures to show how deeply
 the regulation on intrastate traffic ef- fects the traffic between the States
 which under the Constitution is given
 to the control of Congress.
 The point is one of the vital ones of
 the whole Issue and about which much
 of the great legal battle will be fought
 The principal issues next in impor-
 tance to this. is the settlement of the
 question as to whether the Legisla-
 ture can say that a corporation may be denied any entrance to the Federal Court. and the fixing of the value of
 the property of each railroad in the State. The attorneys for the railroads contend that they have strong po-
 sition when they declare that he Leg islature has no right to forbid any
 person or corporation the right of re- course to any court. They contend in
 the bill and 1t will be contended in the
 court proceedings that the Constitu-
 ton of the United States and the Con- stitution of the State of Alabama pro-
 tects them from any legislation which
 would shut the door of any court to them.
 The greatest legal skill in the coun- i try has been enlisted in the adjust
 ment of this litigation. but 1t will be | needed when the court comes to deter
 mine the value of the railroad prop erty and to say what shall be a fair and reasonable rate to be charged by the railroads to make that return. The court has not accepted way blazed out for 1t, by which it can deter mine the value of railroad property. The suit is new to Alabama courts and