The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-03-31
Special to The Journal.

special TO ne Journal
Montgomery, Ala, March 30.-In all
or practically all, of the railroad litiga-
dion between the state and the three
big systems that have been fighting
the rate and regulation laws the state
has lost, so far as the first brush in
the federal court is concerned. In his
opinion of Saturday, Judge Thomas G..
Jones, sitting in the United States
court for the middle district, declared
that about everything commended for
by the state wtais invalid in the light
of the constitutions both of the state
and the nation. just what will be the
next move ON the part of the state is
not yet brought out
Attorney General CARRIER, when
asked what would be done, said that
he was not able so early to Indicate.
He had not read, in the first place,
the full opinion of the United States
supreme court in the Minnesota and
North Carolina cases, nor had he been
able to read the Oplnion of Judge
Jones, comprising, as it does, ~ pages
of closely printed matter He had not
been able, either. to confer with as
Sociate counsel in the matter since
the high or the lower court had passed
upon the litigation. Short of doing all
these things, be would not be abla>-to
say i,.st what course tie future action
would take.
There is evidently a wide range Of
ruling in the decision of the supreme
court, but is it wide enough to cover
such thing as an injunction that will
reach not only head officers and petty
Officers of the state, but the individual
as we'll.
1t is a matter of interest that JUS
tice Peckham is to answer. Il is con-
gI1d fElnft Te.c l,n fC.le II
counts of minor Jurisdiction, Or of
any general powers, may even control
and regulate the state grand juries
and go To the point of invading every
field of state and individual right.
This is the view that is taken prior
TO the full report ON the contentious,
real earnings may be determined in
opinion of Judge Jones, handed down
Saturday, was written and being
printed when the case from the SUI
preme rcourt. was put out. 1t IS also a
fact that in an opinion rendered Sept
Z. last, the same Judge held that suits
of this class were not suits against
the state: also that any penalty feat
| ure which tended, in case of loss of
| litigation TO deprive MAN of his
! property, was, ON its face, viOlative OF
| the organic laws of state and the
United States.
Some Results.
Strange will be the outcome in the
| litigation if. in the END, the supreme
court upholds Judge Jones. All of the
| laws that seem CT benefit to the traf-
| fic lines Will have been accepted
while all, or practically all, that they
have resisted, viii be killed. The anti
| pass art puts thousands of dollars a
month into the hands of the rail lines
| and certain other regulations do them
| much good in many ways.
It's also fact that losing out with
| the fighting lines, the Louisville and
| Nashville the Central of Georgia and
the Western OF Alabama, the state
will lose with All the others. These
| lines being allowed to charge the old
, rates. if in the end they are, Will
| mean the whole bunch doing the
same thing. if allowed to do so, ii is
| pretty certain that the three will keep
| the charges no, and the others, in that
event, will be quite sure to trail along
so that it will not he a far guess &c
say that the old rates will soon be
put back to service.
However. the question of rates has
vet TO be determined. The decision
knocks down the penalty clauses, hui
I does not rule ON the reaSonableneSs
! of the rates That will be gone into
2
extensively IN ashCrt time II IS anu
cipated that a referee viii be named
| and the evidence gone into
| n is notable that the question OF
how much the railroads should be al
lowed TO earn is put by Judge ones al
s per cent. The amount has In mos'
| cases been fixed at s. though tnt
| Judges as rule think that to allow
! is not out of line with fair and Just
treatment under the doctrine that
boIde,. Of y-ailr-cqd stock has as much
RIGHT to large returns as those OF an
other class Of securities.
Until the state is determined upoI
a course and Judge Jones, who has
| gone TO Washington for meeting o
a committee Of the American Bar as
scciation, returns. matters will De al
/, lowed m run along as they are, dur
ing whi7h time the whole official ram
| ily. state and county. with every CIT
! zen w1lro might ofren1, are enjotuet
| from attemptinEsto enforce any of tn
acts complained or.