The Montgomery advertiser., 1907-08-04
We'll Defined Idea That
 Step May Be Taken.
MAY ACCEPT STATES VERDICT
Every Sale of Tickets in Present
 Status is Violation of Law.
Impression Prevails That Either state or Railway System VIII Break Away from Present Quiet
 and Act shortly.

VIII tne Soutnern hailWdy StOp all intra State business in Alabama be- cause it's charter has been revoked by the State? The road has been so quiet over the situation that some of the railroad men in Montgomery be- lieve that the Southern will accept the verdict of the State of Alabama and stop selling tickets or hauling freight from points within the State to other points in Alabama.
 The interstate business of the road will of course be continued for that is protected by the interstate commerce law.
 If the road should accept this ver- dict and stop business, 1t would make one of the most revolutionary indus trial movements that has ever been made in the State. For instance, . passenger could not go direct from An niston to Selma. He would have to take a through train on a through ticket, and go to Meridian. At Me- ridian he could purchase another tick ct and retrace his route until he got To Selma The same would be true of a car load of freight. The freight for Selma would have to be shipped through to Meridian and then re- shipped to Selma.
 The Georgia or Mississippi mer- chants would be given every advant- fact. the Alabama merchant who de- bends upon the Southern for his trans portation would simply be put out of business. The Alabama wholesaler on the line of the Southern simply could do nothing but sit down and watch the orders pile up on his desk. The trains would rush through his town probably without stopping and in @ short time they would be carrying the cars filled with the goods of his out of-the- State rival.
 Not Much Else to Do. Will the Southern do this7 A calm view of the situation shows that there is not much else for the Southern to do. Every time an agent sells ticket. every time an agent takes . piece of freight. he is violating the law of tho Stat eand is subject to indictment in the State court.
 The State has forbidden the South- ern to do any business in Alabama. This was the effect of the revocation of the license of the road. And if the Southern continues to do business, its agents and oficials can be haled into court and indicted. So the Southern Cau COAtluu6 ID OO puBIn0BD 8uQ Vlol6lo the law, or 1t can stop hauling freight and passengers in Alabama.
 The road may file & supplemental in- junction restraining the State from the provisions of Senate bill' 86, which has never yet been enJoined. But the State might take some action against the agents and officials who have continued to conduct the business of the road af- ter the State had revoked its license.
 ha aifnaftOn vAafar6au a oA two of the strongest probabilities: First that the State would cause some indictments to be brought; second, that the road would cease to do business.
 The State has not yet announced through its officials that indictments would be brought. Nor has the road announced through It's officials that the road would cease its Alabama bust. ness.
 But 1t was in the air that something was going to happen It was freely predicted that within two days tho ominous quiet of the situation would be broken with some momentous move by one of the contending parties.
 Would Declare 1t Invalid.
 No we'll informed lawyer doubts that the Supreme Court of the United States would declare illegal and unconstitu- tional the act by which the railroad
 
 a case to the Federal Court. This very point was discussed in the Legislature last winter when the act in question was a bill passing through the Legis- lature.
 A minority of both bodies took the position that no court would uphold the act of a State in breaking contract and punishing the other party to the contract for something entirely outside of the agreement, But the bill was called an administration measure" and under whip and spur 1t was hurried through both Houses.
 The same point as is covered in this act, but not on the same act. was ex- haustively treated In the decision of Judge Jones on one of the outlaw Bills" The opinion has been held by competent lawyers to be one of the ablest deliverances on this subject of recent years, and incontrovertible in any court.
 Judge Jones held that a State could forbid a corporation from doing busi- ness in its borders. It could so forbid It for a reason or without a reason. But the opinion held that after char terine & corporation, and thereby en- tering into A contract with It. the State could not run the corporation out of inc State because of a law of its own making while the corporation was complying with its expressed agree ment with the State
 No lawyer, 1t would appear. believes that any of the Outlaw Bills" are equitable, constitutional just. No lawyer apparently believes that any court would sustain the action.
 Law Is based on equity and justice" said a lawyer yesterday. All equity and all justice Is at war with the Idea that you can forbid a man recourse to A court of his country. It is most un- fair to say to a citizen of the State, for under the law a corporation Is a citi- zen, You can bring your suits in only one kind of court. You are shut out from every other court. All other citl- gems can have recourse to all the courts of the country but you. and If you want to go to court, you will have to go to a court that pick out for you. although I may be the other party to the suit "
 Would Put the State in Charge
 The defeat of the Lusk bill in the Senate Friday night had bearing on tta Dresent momentous situation. The