The Montgomery advertiser., 1907-08-02
No Announcement Made of Revocation. OFFICIAL, HOWEVER,
 DOES NOT DENY ACT Declines to Make Statemen on Mat ter Until Today. Effect of New Phase of Railroad Con- troversy Problematical, as It h Not Believed State ca. En. force Latest Order in Any
 Manner Under Fed-
 eral Court De.

Under the provisions of the famous "outlaw act" and disregarding the fact that its enforcement has been enjoined by Judge Thomas G. Jones' of the Uni ted States Court. the franchise of the Southern Railway to transact business in Alabama was yesterday revoked.
 That action was taken by Secretary of State Frank N Julian. following the receipt of a formal certificate from the Clerk of the Circuit Court for Talladega County. that the South ern Railway had removed a case from that court to the United States Circuit Court for the Northern District of Alabama at Birminshsna.
 No announcement was made at the Capitol yesterday of the action by the Secretary of State. and Mir. Julian, when seen late last evening at his home. declined to have anything to say on the subject. He did not care, he said. to either confirm or deny the story. He contepted himself with q declaration that he would have noth- ing to give out until today.
 The action. which the Secretary did not deny. Is taken to mean that Gov. ernor Conner and his attorneys have determined. despite the injunction granted the foreign railroad compa- nies. of which the Southern was one. by Federal Judge Jones. to make a test of the validity of the "outlaw act. thereby creating direct issue between the State and the Federal courts in Alabama. as was done by Governor Glenn in North Carolina.
 There is the vital difference in the situations in the two States, however. which possibly Governor Conner and his legal advisers have lost sight of, that in North Carolina, when Governor Glenn began his process of testing the newly-enacted rate laws in the State courts. the Federal courts had not in- terposed. In Alabama, on the contrary, a specific injunction against the en- forcement of this particular statute has been granted by the Federal court, be- fore the aggressive action was taken by the State officials.
 The outcome of the move, under this combination of circumstances. will be awaited with a great deal of interest
 No Formal Action.
 So far as could be learned last night no formal action has been taken by the Secretary of State or other State off, cials in the premises, other than mo- tation by Secretary Julian upon the stub of the license of the Southern Railway Company in his office that 1t is revoked. It could not be learned what attorneys or officials of the Southern. if any. had been notified of this revoca- tion of the company's charter in Ala bama.
 It is possible that no notification will be given. but that action will be taken against the railroad, or some of it's officials or employees, for pre- suming to do business in Alabama without, as alleged, having a charter. it being held by the officials that the action of the railway company in transferring case to the Federal Court of itself. ipso facto, revoked the charter. entirely without action of any kind by the officials.
 Such action against the company or its officials or employees would. of nec- essity. be brought under the criminal practice ad procedure. by virtue of the penalty clauses of the various anti railroad acts passed last winter. Such criminal procedure. 1t is claimed. is not subject to injunction by the Fed eral Courts. That, 1t is understood. is the claim of the legal representa- lives of the State, though there is a difference of opinion among attorneys on the point, it being asserted by many that where criminal prosecution is had simply as a penalty for non -observ- ance of laws affecting property rights. injunction proceedings will lie, the same as in civil actions.
 The proceedings under which the