The Aberdeen weekly. [volume] (Aberdeen, Miss.) 1878-1933, 1907-08-23


by the State from existing tariff is
/ less on the Louisville and Nashville
than possibly any other road in the
State, while on account of their
great freight tonnage and passenger
travel they are more able to stand
reductions than any other line
Tits a notorious fact that former
ly the Louisville and Nashville is
sued more free transportation than
any other road in Alabama,
so that the State in denying free
transportation has added largely to
their revenues. In spite of these
facts they refused to yield obedience
or even jurisdiction to the State in
the matter of reduction Of any kind.
They go further and, except
where it entirely suits their ideas,
refuse to obey the reasonable require
ments Of the State in the matter of
furnishing depot facilities. In 1903
the Legislature passed and act re-
quiring the roads entering Mobile to
build an adequate passenger station.
Did the Louisville and Nashville
meet this requirement? Not at all.
The other roads entering Mobile did
comply with the law, while the
Louisville and Nashville did moth
ing until the present railroad COM
mission undertook to enforce the
law, when an injunction was prompt
ly granted through the federal court
relieving them of the duties to the
state and their customers which
other railroads were willingly per-
forming.
The management of this line APP
parently assumes that they alone
are competent to judge of what are
correct relations in the matters
in which they and the citi-
zens of this State are jointly inter
ested. Though the courts of this
State are open to them for their
they attempt to enioin
all actions ON the part of the State,
while continuing to collect excessive
and freight taxes from
our citizens. The excessive reven- |
ues thus derived are used in paying
lawyers to defeat the State s require
ments, so that through this policy
her citizens are made to pay the
costs on both sides of the litigation,
no matter who finally wins. A nice
game Of Tails | win and heads
you lose. 1t is a remarkable fact
that the cost of the legal depart
ment of the Louisville and Nash |
Vile is almost as much as its SUI
perintendence of transportation. |
Both of these items are charged to
the cost of doing business in Ala
bama.
/ feel perfectly confident that
officers of Alabama will, in the dis
charge of their duties, be able to |
finally force this powerful offender
to yield obedience to law. which are
made to be respected by strong and |
weak, rich and poor, alike.
In the meantime the citizens
and shippers of the State should |
the other lines of railroad,
probably less able than the Louis
vile and Nashville, have in good
faith undertaken as citizens of Ala
bama to yield obedience to her laws. |
They should be given every consid-
Grafton.
Both, County. Criminal Solicitor
n. P. Nefin and Circuit Court So
licitor John Mcqueen have intima-
ted publicly that they viii ignore
Judge Jones' injunction. Solicitor |
in discussing the matter, |
said that he would do his duty and |
until the laws of this State are de- |
clared unconstitutional. | intend /
to prosecute those who are arrested. /
Thefederal court has no Jurisdiction,
as there have been four or FIVE de-
cisions against the practice of en-
joining the enforcement of State |
penal statutes. Solicitor Nefn |
made practically the same declara-
ton.
Mobile, Ala. Aug. LIT is the /
opinion of William c. Fits, ex-At- |
torney General of Alabama and a
vell-known attorney of this city, /
that the suit of the Louisville and /
and Nashville Railroad Company
against the executive officers of the
State, seeking to enjoin them from
the regularly enacted and
laws of the State, is in eff
'ect and reality suit against the
State itself, and is prohibited by the
Constitution of the United States
md by the Constitution of.the State
If Alabama. Asked for an opinion
lpon the action of the railroad COM
1any, Mr.. Fits said:
The issues involved are in fact
I'D straws, having been thoroughly
.hrashed over when the Memphis
md Charleston Railroad sought to
,nloin the Attorney General, the
solicitor and the sheriff from en-
oreing the law fixing the rates on
hat railroad in this State.
The unanimous opinion of the