The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-03-24

TT has also for many years been
held that a suit is not one against the
state. although it prevents state Off
Ger from bringing suits for the en-
fOrcement of a state enactment which
fixed rates so low as to be eonfiscatory
and which act was therefore a violation
of the constitution of the United
States, and this principle is reiterated
and again decided in these cases
THE jurisdiction of the federal
courts in such cases is only exercised
where the state enactment is alleged to
be a violation of the constitution of
the United States and in such cases it
is proper for those courts to take iuris-
dictiOn equally with the state courts,
as the constitution of the United States
is by its own provisions the supreme
law Of the land, anything in state con-
stltutlon or law to the contrary not
withstaQding and there is no usurpd-
ton of Jurisdiction in such event
Railroads Have Choice of Courts.
The same duties rest upon the state
courts, and the party had his choice
of forum without any invidious dis
tinction against the state courts and
ifr~favor of the federal courts because
of his choice of the latter.
When a federal court has taken
jurisdiction of case before any pro-
ceeding in a state court has been com
menced the former court has authority
10 decide the case and to enjoin any
person from proceeding in a state court
until the federal court has proceeded
70 judgment. This is also a well-estab-
fished right of a court of equity. and
no new ground is taken in this case.
The opinion turned almost entirely
upon the penalty provisions of the rate
laws, and the courts views on that
point were stated in the following cN-
tract from the opinion:
For disObedience of the freight act
the officers, directors, agents and en-
ployes of the company are made guilty
OF mlSdemeanOr. and upon conviction
each may be punished by imprisonment
IN the county Jail for a period not ex-
ceeding ninety days. Each violation
would be separate offense and there
for might result in imprisonment fer
the various agents of the company who
would dare disobey for a term of nine
ty days each for each offense. DisoDe-
dience 10 the. passenger rate act ron
ders the party guilty of felony and
subject TO fine not exceeding $1,000
or Imprisonment in the state prison fer
period not exceeding five years. or
DNeA INV Gnu lie Sdte
of each ticket above the price permitted
by the act would be violation thereof.
Would Preclude Resort to Courts.
1T would be difficult, If not .mpcssi-
bic. for the company to obtain Off
GERS, agents or employees willing to
carry on its affairs except in obedience
to the act and orders in question. The
company itself would also, in case CT
disobeV fence, be liable to immense fines
provided for in violation of orders of
the company The company in order to
test the validity of the acts must find
some agent or employee to disotey them
at the risk stated. The necessary ef-
feet and result of such legislation must
be to preclude a resort to the coLft---
either state or federal--for tie purpose
of testing its validity. The officers and
employees could not be expected to dis
obey any of the provisions Of the acts
or orders at the risk Of such fines and
penalties being imposed upon them, in
case the court should decide that the
law was valid. The result would be a
denial of any hearing to the company.
"A law which indirectly accompIishes
a like result by imposing such condi-
tons upon the right to appeal for Judi
cial relief as works an abandonment
of the right, rather than face the condi-
Continued on Page 2.