The Montgomery advertiser., 1907-10-28

birthday. The call outlining the work of the Legislature is to do showed that its principal time would be occupied in making new railroad laws. The Governor stated in his call that the acts constituting the present railroad lature, but he did not indicate in the call the nature of those he would pros pose as substitute.
 In official and in legislative circles 1t is an open secret that the Governor is bit at sea on his railroad policy This is indicated by the fact that this policy has already been changed once and second and far-reaching change was made in his agreement with the Southern and its allied lines Still further change is proposed for the ex- tra session, but the administration does not appear to be clear as to the new policy which is to be followed.
 State Has "Bad Case.o
 The political gossip around Mont gomery is that the State has in the Federal Court litigation what the law yers call "a bad case," in defending the new laws. This. it is said was quickly recognized by the able legal talent which Governor Conner secured to rep- resent the State in the pending litiga- tion.
 This view is apparently sustained by the fact that all delays in the progress of the cases have been asked for and secured by the attorneys for the State. The railroad attorneys say that they are doing all in their power to secure a final, definite decision. They say that the railroads are in the courts to stay; that they are much more anxious for a judicial adjustment of the pending questions than are the State officials. They are, therefore. pressing the cases. because until the issue Is settled in Alabama, the railroads will be both in politics and in the courts. and there will be no railroad improvement or ex- tension untfl the cases are settled by a final court decree.
 It is an interesting fact. but one not generally known. that the State has won the only phase of the eases on which a fight was made. The State re- sisted the granting of an injunction to the Louisville and Nashville under which the road would not be compelled to have its ra1es which were in force on January 1st it's maximum rates.
 Tn this case Judge Jones decided against the Louisville and Nashville. Tn other cases, where some lawyers say that the attorneys for the state are working at a disadvantage, several delays have been granted at the re- quest of the states attorneys. Now while the cases are pending the legis- lature is called together to pass a law which will keep the roads out of court. And that Is the business of the present session, to erect an act over which the railroads can not climb to get to the courts.
 It will be a difficult matter. and no- body knows it better than the able. ate torneys who are looking after the in- terests of the state in the litigation. The impression which prevails tn Montgomery, is that the Governor will have the legislature first confirm his agreement with the Southern and then pass what Is known as thei Arkansas Law.
 Nobody to EntOin.
 This law Is said to be most effective in fighting injunctions. in that it does not confer upon any one officer. the special duty of enforcing the criminal of the act There are law yers who doubt that any legislative act can be passed which will precent the roads from going to court son the as- surance of the constitution that mo person shall be deprived of his property without due process of law"
 It is understood that Governor Conner took the initiative in securing the com ing conference of Southern Governors. in an endeavor to find some way which would settle existing issues and con trovefsies. It is then presumed with some reason, that the Governor does