The Birmingham age-herald., 1907-09-29

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 of the state. l cannot see how, for moment, on reflection, any one could take | this position, for if that be true, then 1 the sovereignty and dignity of the state | is being offended every day in the year 1 in our state courts. Trials are being | had in the courts of the state all the | while under laws enacted by the legisla- l ture, but it is a fact known to every 1 one that daily these laws are being sus- | pended for one reason or another by ap- | peals from one court to another, and no | court can enforce it's own decisions or 1 the verdict of a jury while an appeal 1 is pending. These injunctions begin in 1 the magistrates court and continue to 1 the supreme court, which is the final l court, unless question involving ones | rights, under the constitution of the Unit | cd States is under consideration.
 | For instance, jury may decide, un- | der the evidence given and under the charge of the court. that man should l be hung. The attorney for the defendant, l on exceptions to the rulings of the court l or possibly on the ground that the law l under which the man is convicted is un- | constitutional, may appeal the case to l a higher court, and although the crim- i inal may be sentenced, the sentence can i not be carried into effect until the appeal 1 is decided. If such was not the case it l certainly would be unfortunate for the | condemned man, If he should be hung and his attorney have to wait to see whether or not he should have had his 1 neck broken under the law as interpreted l by the supreme court. Then, again, it would be very unfortunate for man own l ing property-lf a suit as to his owner | ship should be decided against him in | the lower courts--to have it taken away | from him while he Is awaiting the decision l or the higher courts to see whether or not 1t should have been taken. Unless pro- ! lection could be had in such cases in the courts, we would be in a deplorable | condition, unless our lawmakers were per ] feet and enacted perfect laws.
 1 | am quite sure therefore, that no one l has intended to resist the sovereignty of ! the state or to question its laws except | in legitimate way. and I think there ! are but few men, upon whom responsibili- 1 ties have been placed, who would volun- | tarily offend the dignity of the state It
 seems to me then that the complain on 1 this ground ought 10 be dismissed; and | if the dignity of the state is not offended 1 then the dignity of no individual should | be-
 l The legislature, after having been in ses- l sion practically for several months, en- | acted all laws which it thought necessary | to protect the citizens of the state against l unreasonable freight and passenger rates. l After having done this, and the questions | at issue are in the courts, what can the | legislature further do but await the de- cision of the court? No law that can be | passed can take the matter out of the 1 courts. All, therefore, that could be fur | ther done would be to punish, if possible 1 those corporations which have pursued a | course at variance with the views or 1 wishes of the state administration. 1t | hardly seems reasonable that punishment
 should be inflicted for this reason-and | 1t should be further considered that in | nigbT ! charged with being recaleitrant, the same 1 punishment must likewise fall upon those
 who have yielded to the wishes of the 1 state in these matters. and it may be
 that in order to inaugurate punitive laws
 even those may be injured who have no l connection whatever with the case in | dispute. Would it not, therefore. appear l best to desst from further legislation on l tihs subject until the validity of the laws ! could be decided, and if favorable to the 1 state, put in effect and see whether or l not they meet all of the requirements? | This should appear reasonable because ] there is no evidence that the legislature
 as such, ever investigated in a careful
 and proper way the question as to | whether or not the rates as charged were | oXcessiVe-and, therefore, the object of | referring the matter to the court seems
 to be to bring about such an investiga-
 tion
 
 has never been accused of being partial
 to railroads or other corporations, vetoed
 2-cent passenger fare bill in the state ! of New York not because he thought or | knew that the railroads could not afford
 to establish such rate, but because a
 proper investigation had not been made | as to whether or not such a rate would ! be far and reasonable One decision in
 the state court in Pennsylvania declared that the new 2-cent fare law in that state | was unconstitutional. Another state court | in the same state nullifed the 2-cent rate
 in particular case because the rate was considered conliseatofy. A 2-cent rate has prevailed for some time in the state of Ohio. Very recently the Cleveland cham
 Der of commerce declared that the Ohio
 2-cent rate is a failure, and that the bus
 mess men of the state will try to have it repealed at the next session of the legis- | lature. These cases certainly furnish
 good reason as to why an impartial in- | Vestigation should be made as to the req
 condolences of the reduced rates in Ala
 bama before the law providing for same
 should go into effect,
 Aside from the reasons above stated
 it is generally believed that an extra ses-
 sion of the legislature at this time. AS
 proposed, will result in more harm than | good Reference has been made to the | probable disturbance in business at il
 time of the year when the agrculturists
 and merchants are busy closing up the | years work, and anything that would | interfere materially with them would cer-
 tainly be harmful to them as well as to l the entire state An extra session could
 not be held without great expense to the | state, and doubtless serious loss and in- 1 convenience to many members of the leg
 is lature, The state has largely increas-
 ed it's expenses by increased appropria
 lions to various worthy causes, increase | of salaries and establishing many addi- | tional salared offices Increased reve-
 uue IS to be obtained by increased taxa | ton or increased assessments which fn
 crcases the burdens of many citizens of
 the state. Should we, therefore. unnec-
 essarily eXpend the states funds? While
 it is true that all the disturbance in the
 financial circles and the depression in the
 price of stocks cannot be attributable ! entirely to legislation with reference to
 railroads aud other corporations, vet if ! is true that extreme legislation has. in
 part at least, caused the depression. and
 the acute conditions which exist today
 ought not to be accentuated if it can ! be avoided
 These combined causes have caused
 a scarcity of money, with much higher 1 rates-and 1t is q fact that neither
 in this state have arrived at a point | where they can carry on their business 1 without financial assistance. While the
 banks in Alabama are liberal and
 financially strong. they are not able