The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-03-25
4 KNocKour FoR RADICAL LEe-
rsLATHON.

ishing broadside to the radical and op-
pressive enactments Of the last Ala
bama Legislature. 1t can be viewed
In no other light.
Attorney General CARRIER OF Ala
bsma. after seeing brief bulletin pf
the decision IN the afternoon Of Mon
day. issued "a statement. explaining
that the decision. as reflected in the
bulletin. did not necessarily mean the
overthrow OF the State in the cases
now pending in the Federal Court OF
the Middle District of Alabama A
fuller report Of the decision. however.
shows that the States case in the low
er court has not q leg to stand on. and
the Attorney General. in an interview
given out yesterday. expresses his re-
greet that the Court had seen At to
take the position II did.
The decision sustains every one Of
the preliminary actions Of Judge
Thomas G. Jones. for which he was 80
harshiy and SO uniustly criticised.
The states case receives a knockout
blow when the court decides that q
Federal Court has jurisdiction to pro-
tect property from ccnfiscatory acts Of
. Legislature. The opinion plainly
says that IL suit is nrst started in =
Federal Court, the court has jurisdic-
tion. The principal contention Of the
attorneys for the State Of Alabama is
thereby overthrown.
Again the states attorneys were
overthrown in their contention that the
suit of the railroads was suit against
the State. The contention of the at
torneys for the state that the Federal
Court had not the right to prevent the
enforcement of legislative acts. be-
cause such legal prevention would be
in eject suit against the State. had
little sympathy in. the Court. The
Court demolishes this contention, which
was also made in the Minnesota apd
North Carolina cases. The Supreme
i Court knocks out this contention SO
completely that 1t perhaps win never
be raised again. The high court de-
clares that proceeding to prevent the
enforcement Of confiseatory rates is no
more q suit against State than Is a
habeas corpus proceeding in the Fed
eral Court to secure the release Of a
prisoner from State officers. Such 3
proceeding had been held valid for
many years. The utterance Of the
Court, from which there was only one
dissenting voice among its members. is
especially clear and direct. AS has
been truly said, the decision is anoth-
or Of the epoch making utteranees
which has made this term Of the court
notable.
1t will have q far reaching effect in
CURLING radical and ill-advised legts-
,lation which has 90 harmed the coun-
try. The decision stands as . bar to
the enforcement of considerable por-
tion Of the iii-advissd enactments of
the last Legislature. It foreshadows
the almost certain defeat Of the State
in the litigation now pending and
which may ultimately so to the SUI
prems Court. In this litigation the
State OF Alabama is represented by
some OF the abiest attorneys that the
bar Of Alabama has ever known. But
they were in court defending iegisla-
tion which in spirit and effect is OPP
posed to the Fundamental fairness and
justice which should characterize all
legislative enactments. Among the
members of the Alabama bar it has
been generally said that the State had
in this litigation good attorneys, but a
bad case.
The Supreme Courts decision again
shows the folly ana uselessness of the
special session of the Alabama Leglsla-
ture of last November. It was recog-
nlzed by the better class of lawyers In
Alabama that there was no way to pre-
vent the railroads from going into
court and the extra session was called
for no ether purpose. At great ex-
pense the radical laws were enacted.
BY an appropriation Of $4,000 they are
being defended In the courts. with such
an array of counsel as the State has
never before had In it's history.
In spite of this the highest court In
the world delivers an opinion destroy
ing the arguments behind the Alabama
cases as 1t destroyed the argument
behind the Minnesota cases.
VIII the Governor call another extra
session to meet the emergency? In
all probability he will not. In his
stormy occupancy of the once of Chief
Executive he has learned many things.
The Governors pride, >coclEsureness and
obstinacy are not as much in evidences
as they were when he went into Of
fee.
SOMEWHAT SEVERE.