The Montgomery advertiser., 1908-03-30


 senser stations tickets at the rates prescribed by the statute. or such as may thereafter be prescribed by the Commission. 1t shaii be unlawful for the carrier to maintain any fence or from & rsssRisr ssif the lsan srsins snSsr 2 psn. aity of not less than t2oo nor more than tl.0o0. sv far as the statute un- dertakes to impose the penalty for the non n-e5servancs of any rate the com scribed by the statute. it Is unconsti- tutionai for. the reasons hereinafter stated. It is aseailed further because the natural and reasonable effect Of the statute Is to prevent a carrier. who doss not sen tickets at the prescribed rates, from maintaining fences and Fates al ell at public stations. thereby hnnecsssarily lmperilllng incoming passengers. and others who resort to of trains. The carrier would have no means of Knowing intending passen- gers except the declarations of persons seeking entrance to stations. Natural iy. the result would pc tnat .ne ess. ess. against the wrong person, would not use them against any one. and thus be compelled to lose police control neces- sary for the safety of the public at sta trlne declared in Randolph v. Joseph. If Ala. s08. and I.ockner v. New York. tas U. 6. 4s. whether such a means Of s.oercing performance of a duty ike nnnecessary peril to the public. Is q legitimate exercise of the police power.
 The only defense attempted for those features of the statute which declare 1t shall be no defensc to . suit. Dy an forfeiture for Keeping out the intend Ing passenger. that a restraining order pendente lite has been granted against the enforcement of the rate. pr that the carrier has been enjoincd from putting the rates m force, Is based on the theory that the statute having au- tn forize6 the plaintiff to use the states name, and declared that the suit shall be the States suit no court could nave even the State when It becomes plaintiff Is bound by the ordinary rules of justice applicabie to all other sui nrs. It cannot demand of the court to if is s suitor. Judg,nents of the courts. where they shavs jurisdiction oL ths person and subject matter. are just ss binding upon the state as upon prl- vate individual under ike eircum- Gsnerai Assembly, to declare that the courts shaii not respect the decree of ether courts in any particular class ot cases. Such doctrine would aestroy sil dis.inction between .n,s ,sssyi ths iexisa xna iature by mere statutory sdict 70 strike down judgments of the courts. and rights vesting thereunder. be- sides. calling suit the states SUI. aoes here the very statute givfns the right of action shows on its face that ths State has no peeunlary interest what ever in the penalty sought to pc re private individual and the suit IS maintained solely for the benent of that individual who alone controls IT. Every person bound sy Seerss .a sn ssan sn,s
 xffT' Similar Legislation along this t,r@ in another statute Ia based upon the ldea that the shipper or passen ger is not 2 party party or Rriyy co,,r9. t9 t1e ie suits against public oficers 70 deter mine inc reasonabfeness of rates. The general principle that one not party er privy to a Judgment ls not bound py If Is. Of course. admitted. but the nrincipia has no application tO decrees ana orders made In this class of cases The property. the manner of whose uea is Involved. is devotAd to public use and In ssSssapsnos evsr SSns certain rigfits in tho property. It ts held under a franchise granted by the State. The property is impressed with a servitude The servfnae ls Ior .nss DGn8nt the burden ia imposed to operate thw property for the public at just and req sonabfe rates. Primarily, the owner nav dx the reward he will claim. but as this may be unjust and unreason. able the Legislature may infervene and. K just and reasonable rates. When thn LeRislafure does prescribe rates, it determines, subject to final judgment of the courts, the status of the. proper ty as regards public right in these respects. A suit by the carrier to en- ioirs the enforcement of rates, waged with d public officer. is an effort by ths owner of the property to fix It's status as to the public In this respect Tine iudgfnent rendered In such pro- ceedfnR determines that sfatua and every member of society is represent ed in inc proceeding by the public au- thorities, and is bound by the judg- ment though not . formal party to it, if is "a case whe the few represent tha many" Tn this respect, though. 1t is not strictly speaking, a proceeding, in rem, fl has nlany of the eharacteris- ties of such a proceeding and like the judgment In Bankruptcy which fixes fhe status of Insolvency, or like a fl,dg4nenf of naturalszation which ad- iudees the status of a citizenship. binds all the world as to that status. No one can aRsail such judgment or de- cree on collateral attack. except for want of Jurisdiction in the