The Montgomery advertiser., 1907-08-01

SIlIutlOoS dAC uot SAASy
 to devise for the nrotection of the citizen. The stability of our insti.
 which distingaishe the Ameri. 1 can people above all others, of respect for their courts. and cheerful acquies- l cence In their decisions. whoever as. 1 sails the moral influehce of the courts | with the people, either by Ignorant or l intentional misstatement of their mo- l lives, or their decisions. strikes blow against law and order to tear passion to tatters. ana pit : terly arraigning the United states court here. as a wanton invader or the rights Of the State ana an usurper or tertained suits to test the validity or the statutes regulating freight ana pas senger rates. and suspended enforce ment of the statutes in the mode the laws of Alabama, as well as the sta- tutes of the United states. provide for testing the reasonableness of rates, 10 prevent irreparable injury to one side. while amply securing the other sioe' until the facts could be ascertafned up- on whid0 the final rights of the parties depended. How many of these assail- ants of the court. teii the people that it was the sworn duty of the Federal court. under the constitution and laws, to entertain these suits. and that, in the suspension of the rates 1t was only carrying out the principle Of conserv- ing the rights of the parties pending a final adjudication. which is as old as the history of tra-jurisprudence. and constitutes one of the chief merits of that system.
 Let us, see what has been done in Ala bama to cause all this outcry. Railroad companies. some chartered in Ala. bama, and some in other states, filed their bills. as they had O right to do t. kA EAlA vvn r7 n laws fixing freight and passenger rstss as either confiscatory. or deprivipR them of a fair return upon the value of their property, in violation of the States. and praying, on that account an injunction against their enforcement until final hearing. These bills were all sworn to, and pave facts and ftg- roads would not earn anything under the reduced rates. others only a small amount above operating expenses. while the highest net earnings any or the bills showed would not amount 70 ov- CT one and one-half per cent. per an mum. After notice to, the Railroad Com mission. and opportunity to be feard. for which purpose the nearing was put off for month. the Railroad Com mission offered no contradictory evi- dence whatever. of tho facts stated in the bills. and their attorneys admit" ted that upon the cases as presented a preliminary injunction was proper They said they did not resist 1t, They had right to appeal. If they thought the preliminary Injunction was ip- proper. They stated in court that they had no intention of appealing. Under those circumstances. the court hold ing that prina facie case of irrepar- able injury had been made out. if the laws were enforced prior to final de- cree, suspended the operation of the statutes until the proof could be talk ap xxyhich yun,1A dnfArnfnA whether the laws were constitutional or not. and protected the rights of passen- gers and shippers in the meantime by exaeting bond to repay the excess; in to be just upon final hearing: such action was Justified not only by the principles >of equity jurisprudence or the United States. but it was also au- thorized by a specific statute or this state which authorizes courts when rate charges are tested therein. to suspend their execution before final decree up on the exaction of bond. The rate sta authority of the laws of Alaha ma. as well as temporarily enjoined under the laws of tho United States.
 Every well informed citizen knows where rights arise under the constitu- tion and laws of the United States. that a citizen of the State, as well as @ citizen of another state, may go into the Federal court in his state to assert HIS TlsHlS. W HSn SuGH CoSO ID PA0 sented, the Federal court cannot re- fuse to consider it any more than State court could refuse to act upon such a bill. Having Jurisdiction of the n the af reaera nsy cour that court s
 bound to decide them and pass upon every question arising in them: The case cannot be tried by piece e-meal. part in one court and part in another. The he Jurisdiction. is entitled to assert and protect that Jurisdiction. Is the consti- tuition of the United states, the su- preme law of the land. If it is, its en- forcement can neither De censureQ nor legally resisted.
 The constitution of the United States declares: This constitution and the laws which shall be made In pursu. law. of the land. and the judges in every state shall be bound thereby. anything in the constitution of laws of any state, to the contrary. notwith- standing" It further declares: that the senators and representatives, and mem bers of the several State legislatures. | and all executive and judicial officers, l both of the United States and of the several states shall be bound by oath or affirmation to support this consti- | tution." The constitution further or dains: The judicial power of the | United States shall De vested in one | Supreme court and in such inferior courts as the Congress may from time | to time ordain and establish" Under | this provision. Congress has establish | ed circuit and district courts of the | United States. The constitution furth- | CT provides: The judicial power shall extend to all cases in law and equity arising under this constitution and | laws of the United States @*f controver- sies between citizens of diffeTent | states. The statutes of the United 1 States provide how the Jurisdiction con | ferred upon circuit and district courts shall he exercised and the extent of l their powers
 The Supreme Court of the United States has frequently held that con l troversy as to the reasonableness oi rates. presents ease in equity" and that the Circuit Courts of the United States have jurisdiction thereof; II forbids any State to deprive any per son of property without due process oi law. that statutes fixing the rates ol | freight and passengers unreasonably low. can be declared invalid. and theil enforced prevented by injunction 1T ness of rates depends upon the facts | in each ease. 2 court of equity canno
 finally determine whether the rates are reasonable or unreasonable. and conse' or not until it can get at the facts
 When the facts are in dispute. tht court must take proof. If irreparablt damage may hefall q common carrier | by enforcing the rate law pending tnl' inquiry. tho court will consider the
 meanwhile. with the last harm to botl parties. Courts of equity will always mold their decrees to suit the exigen' cies and necessities of the particular case. It is any everyday practice tt
 restrain the exercise of an apparently laval right which in the end may turI