The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-11-29

Alabama's attempt at notification OF
the Constitution of the United States has
been quickly brought to the bar OF the
Federal courts. Hardly had TIE ink dried
on Gov. Corners injunction-proof rail
road measures before that untamable
Federal judge. Thomas G. Jones, clapped
an injunction on the whole batch Of them.
His order is addressed to every officer
and apparently every citizen Of the State.
and restraints them all under penalty Of
contempt Of court and threat OF indict-
ment for conspiracy. from putting in
force any of the rate laws just enacted
by the legislature in response 70 Gov
Corners demand for statutes that would
vindicate Alabama's right to run the rail-
roads. even though the vindication had
10 be accomplished by denying to rail
road corporations the rights secured to
them by the Federal Constitution.
We have not yet seen in any Alabama
newspaper an Ineligible account OF the
measures thus enjOined. but all the ref
erences TO them in the press indicate that
they were framed for the express pur-
pose Of avoiding the Federal process Of
injunction. II was thought by their
trainers that every possible method of
testing the reaSOnablencss of the statu-
tory rates by suits in the Federal courts
had been provided against. and every
loophoie covered. Nowhere in the bills
IS any State officer charged with the en-
forcement OF their provisions. so that
State officers cannot be eujoined from en-
forcing the law. as has been done else
where, and there is nobody to sue. The
enforcement Of the law is intrusted 10
individual patrons Of the railroads. who
are entitled to recover damages il the
statutory rate of fare or freight is re-
fused. Every person who tenders the
legal rate of fare 20 a ticket agent and
Is refused a ticket. or who tenders the
legal rate at a station gate and is re-
sue for damages. So is every person who
Is charged more than the legal rate pre-
scribed for the carriage Of freight.
But the real teeth o; the Conner laws
may be found in their provision Of heavy
penalties for violation. Not only may
the aggrieved citizen sue for damages on
account Of every violation, but to each
violation there is attached a penalty the
cumulative effect Of which would bank
rupt any vi0lator Of the law il lt could
be compelled to pay. BY the terms Of the
statutes, the penalties accrue, in spite of
the fact that the railroad may be testing
the reasonableness Of the rate in court
for II is provided that court proceedings
shall De no defense TO the penalties sought
TO be imposed, In other words. If the
rate be suspended by injunction. the pen
alties go on accommodating. and If the suit
should be decided against the railroad. it
would be compelled to pay them as If
no injunction had been granted. one
railroad attorney estimated that the pen,
alties assessed against one railroad alone
on its, passenger business, il il made an
unsuccessful attempt 10 prove the I'M
reasonableness Of the legal rate of fare
would amount 10 the enormous sum OF
2,lS6, 6S6,OOO in twelve months. That is the
price the trainers Of the new legislation
have attempted 10 impose on the use of
the Federal court to test the reason
ableness Of rates. But this price includes
only the civil penalties. The criminal
penalties amount 10 twice as large a sum.
The attorney above quoted well says that
the purpose OF the legislation is TO make
the destruction OF the corporation that
tries II the penalty Of resort 10 the Fed |
eral court. II is designed to make II
impossible for the railroads to try prop