The Birmingham age-herald., 1907-09-13

II tO Oul pdliOhS anu lO OhA
 wln you please advise me if any way can be found to accomplish these two purposes without violation of the law?
 Awaiting you rearly reply. I am yours very truly, A. H. FORD,
 President and General Manager.
 Opinion by Attorney.
 Birmingham, Ala, September 10, 1907 MT. A. II. Ford, President and General
 Manager Birmingham Railway, Light
 and Power Co.,. City
 Dear Sir; Your letter of the 9th inst, in respect to the anti-pass law, passed at the last sesison of our legislature. has been received.
 You submit In your letter for our opin- ion two question in respect to the con- struction of this statute.
 l. Can your company, under the pro- visions of the statute, continue the policy, heretofore pursued by it. of issuing to children attending schools, tickets at a reduced rate; and
 g. Can your company, under the provis- ions of the statute, continue the policy, also heretofore pursuied by 1t, of carry ing, free of charge, the policemen and firemen of the city.
 We have carefully considered both of these questions and are constrained to answer both of them in the negative.
 The statute under consideration Is an act entitled An act to define and pro hibit the unlawful giving, issuing or re- ceiving free passes. rebates reductions or discounts for transportation by com. mon carriers of passengers, and to punish the unlawful giving, issuing, using or receiving the same.'
 The first section of the act provides that mo common carrier, whether corporation, association, partnership or person engaged In the business of common carrier of passengers in this state, or the agents, officers, servants or employees of such, shall give, procure for. or deliver to any person, or accept any free passes, tickets or free transportation for any person, or give, make or allow any re- bate, discount or reduction from such rates as are offered or given to the pub lie at large" except to classes of persons specifically mentioned, in one of which classes of persons are included policemen. or firemen, or children attending school.
 By the second section of the act 1t is provided: Any common carrier, agent, servant officer or employe of such com mon carrier violating this act shall be deemed guilty of misdemeanor, and shall be indicted as such common carrier, cor poratton, association, partnership or per son and for each offense on conviction,
  than 5000, or be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six mopths, one or both at the discretion of the jury trying the case; and any person, other than the persons excepted in this pro- vision who accepts or uses any such free ticket, free pases, or free transportation, rebates, discounts or deduction shall be subject to a like penalty"
 That ar street railroads come within the provis- ions of this act, cannot be denied: for clearly they are common carriers of pas sengers, and are not excepted from the operation of the act.
 The language of the act, especially when construed in connection with the classes of persons excepted from its provisions, is clear, unambiguous. and leaves no room for construction.
 The act expressly prohibits, under se- were penalties the issuance of any free passes, tickets or free transportation to any person, not included within the ex- cepted classes. This prohibition clearly includes policemen and fremen of cities, for they do not come within any of the excepted classes. Therefore, in our opin- ion, 1t would be a violation of the act to issue free passes, tickets, or free trans portation to policemen and firemen, sub Jectfng not only the company and it's employees, but also any policemen or fire men receiving or using any such pass, ticket or transportation to the penalties prescribed by the act.
 The act also expressly prohibits the giv- ing, making or allowing any rebate, dis count or reduction from such rates as are offered or given to the public at large, ex- cept to the classes specially excepted under like penalties, both against the corporation and its employees giving, mak- ing or allowing any such rebate discount or reduction, and against the persons ac- ceptlng or using same
 To issue to children attending school, tickets or transportatino at reduced rates would be, in our opinion, a manifest vio- lation of the act because it would be giving to them for transportation re- duction not given to the public at large. Therefore your company cannot issue such tickets or otherwise provide for such transportation, at reduced rates, without subjecting your company and it's employees, and the children accepting or using such tickets or transportation, to the penalties prescribed by the act.
 We have also considered the plan sug- gested to us for arranging with the city authorities for transporting free of charge, or on a basis not applicable to the public at large, policemen and fire men; and we are also constrained to the opinion that each of these plans would be, if adopted, a violation of the act.
 We have also at your suggestion, en- deavored to formulate plan to accom- plish this end, but have been unable to do so. We do not believe that it is pos sible to adopt any plan by which the company can, without a violation of the act carry policemen or firemen free or on any other basis of charge than that offered to, and enjoyed by the public at large.
 We exceedingly regret that we are con- strained to the opinion above given. but the act is so framed as to admit of no other construction. Yours very truly, PULLMAN, GRUBB, BRADLEY & NOR
 ROW.
 SEE STATE FAIR FAD" P.i1riIanac and cnncaecionc nn,rr