The Montgomery advertiser., 1907-11-18

but have not registered. can register after paying the poll tax. but 1t is in- dispensable to pay the tax within the time above named.
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 PREVENTING FAIR MULTIPLICATION.
 Senator Miller. in his speech of Fri day upon the administration railroad bills, as published in The Age-Herald of the 18th, notes that the Constitution of Alabama directs the Legislature to fix rates of transportation that are reasonable and just, and asserts that rates so fixed are prima facie constitu- tional and valid. and must be enforced until adjudged unconstitutional.
 By inference he denies the power of the courts to suspend a law while the question as to it's constitutionality is being adjudicated, although if it is fl. nally declared that the act Is uncon- stitutional, an irreparable injury will have been inflicted. As a lawyer, he must know that the injunctive power of the courts, suspending laws known to be unconstitutional while allegation Is being investigated and decision awarded. has been exercised since our courts were organized.
 He argues that the rates fixed by statute or by the Commission, should be given a tsial, regardless of the con tention that they may be- confiscatory. and that the only way in which the matter can be decided is by an actual trial: that the rates for transportation of property now being fixed by statute have been tried in Georgia for some- thing like twenty years. He ignores the well known fact that during the twen- ty-odd years the rates have been in effect in Georgia, practically universal bankruptcy of all of the roads in that State has resulted; that very large proportion of the railroad mileage con- structed in that State during that pe- riod has been financed and promoted Dy lOCdl Cdpitdls PA0SeASoiS which has been lost. An investigation of the conditions that have obtained since the State of Georgia enacted law creating Commission with man. datory powers should be conclusive proof that the rateF fixed by the Com mission have been too low, and have resulted disastrously to the railroad in- terests, and. necessarily, injuriously af- fected the interests of the citizens.
 He argues that the court had no right to enjoin the statutory rates un- less they were unconstitutional, again denying the right of the court to issue temporary injunction pending adjudi- cation, thus reasserting the power of the State to infiict irreparable injury upon citizen.
 He in efrect argues that the Legis- lature is quite as well--perhaps bet ter-oualifed to decide as to the rates the railways shall receive for the trans portation of property and persons, as are the representatives of the railways. He may be right, but we do not think so.
 In 1879 Germany entered upon the policy of acquiring ownership and con- trol of the railways, and has since ac- quired, by lease or otherwise. nearly all of the railways in that country. It will not be denied that the Germans are the most enlightened people in the world from an economic standpoint, and we should expect that the Govern ment, through its experts, would com prehend the science of adjusting rates for transportation of persons and prop erty. Our information is that the best they have been able to do is to adjust rates on a mileage basis, Will Senator Miller or the Governor. or any member of the Legislature, advocate such ba- sis for the method of adjusting rates in Alabama?
 Senator Miller asserts that large amount of capital has been invested in constructing railroads since the new Constitution was adopted, which Is true: but, if we are correctly info-med. not a dollar has been appropriated to te expended on capital account since the election O. Governor Com,r aa5 tie Lcgis:atore pledged to cooperate with i'm in enacting drastic laws reg ulating railroads and fixing com