The Birmingham age-herald., 1907-12-29

must be treated as a part of that leg isation. They do not admit that the old cases are abated by the repeal of the old acts, and will proceed to considera- ton of the matter in that view of it. It Is also argued by the railroad people that the suits once filed can not be taken out of the court as liabilities have ac- crued to shippers that cannot be met # the courts dismiss the litigation.
 Garber Quite Busy.
 When seen yesterday and questioned with regard to the outlook Attorney General A. M. Garber said: "I am very busy working on the law points of the litigation. My. but there is a lot of law in it," he said as he wiped his brow with a handkerchief already limp. T do not care to discuss the position the state will take further than to say that we will very likely be ready to make answer on the first rule day In January, which Is the 9th. I am devoting most of my time to the subject and have been in the supreme court library for week or more looking up the legal status and the cases bearing upon our cases. l will not be able to talk of what we will ar que until I have made up the case. It will take me some days yet to do that
 Rate Reductions Secured.
 In addition to reductions secured on many lines as a result of state agree ments, the railroads are to put in on the first of the month a number of lower schedules from Ohio and Mississippi river points to Montgomery territory, giving to this section run of rates that will make it almost irresistible from a trade stand point. These have been secured after long service by the Montgomery freight bureau, and cover most of the essentials of life that are brought in from the sec- tfons mentioned. It Is anticipated that on an adjustment of the figures under the new regulations the merchants will find that they have received very substan- tal Christmas present from the trans portation lines of the country.
 Early Closing Law.
 Some of the best lawyers in the city take the position that the early closing saloon law is good, though 1t has been declared unconstitutional by Mobile att torneys. The caption and the bill are alike in the main features of the law. though there may be some question about the last two sections. However, these do not affect the main purposes of the act as provided for in the caption. and the Alabama courts have held that In cases where there is less in the caption than in the bill, that part of the bill in line with the caption will be upheld. In other words, that excess matter in the bill not in the caption is cut off. and if the matter left Is enough to make the act effective to the purpose for which it was passed. 1t stands.
 Local Option Act.
 There Is a belief, however, that the local option act will not hold on final test by the courts. It is said by some that the bill undertakes to 'prohibit'' and regulate in the same act. Alabama courts have held that this cannot be done. The question would seem to hinge, therefore. on whether or not 1t does undertake to prohibit and reg ulate." No case has been brought to the supreme court involving the validity of the act in question, but 1t is heard here that 1t will be set up that the bill Is not legal. It Is also understood that the temperance people were warned that the act was weak and as a result 1t was de- cided to push the general prohibition bill that was passed at sthe extra session.
 Will Keep the Law.
 Montgomery saloon men, so far as is now known, will observe the early clos ing act even though it's validity be questioned They have said that they would let Mobile test 1t. The belief is here that the early shutting up of sa- looms will be good move towards get ting back a portion of the esteem which they have lost as a result of rowdyism in some of the places. The fact is, the holiday season passed with minimum of trouble coming from the effects of drink. There were a number of drunks. but the fewest number ever known of tragedies as result of indulgence in the cup that fhebriates.