The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-03-24

the Minnesota case. and especially the
point raised by the Attorney General
that the case filed against him In his
official capacity was a suit against
the state of Minnesota A decision on
this point would have had direct
bearing on some of the main questions
raised before Judge Jones In our cases"
Whatever the ruling Of the Supreme
Court of the United States in the
Minnesota appeal, the Attorney Gen
eral and counsel for the State of Ala
bama, have admitted that the plead
ings as a whole in that case were very
similar TO those adopted In the Ala
bama Injunction cases. Attorney Gen.
eral CARRIER has had in his possession
for several months copy of the
transcript of the record which went
up from Minnesota to the United
States Supreme Court. The similarity
between the briefs in the two state
controversies with the railroads has
prompted the lawyers and others in
terested In Alabama to believe that
the action of the United States SUI
nreme Court in one case would vitality
affect the other.
When asked for his version of the
decision at Washington as affecting
Alabama rate cases now pending. At
torney General CARRIER gave out q
written statement as follows:
Quotes Hfinnesota Act.
Some months ago I received from
the office Of the Attorney General Of
Minnesota the transcript of the record
before the Supreme Court of the United
States In the case OF the Petition for
writs OF Habeas Corpus and Certio-
rari. and motion for leave to file same
In the matter of Edward T. Young. Pc
titioner.
This transcript contains the act FIX
ing the maximum railroad freight rates
in the State of Minnesota effective
June /, 1907. 1t also contains the act
prescribing the maximum rate to be
charged for the transportation of pas
sengsrs upon railroads within the State
Section OF the first named act re-
lating to freight rates provides PEN
atty for the violation of said act and
Is as follows:
Z" Sec. g. Every railroad company
transacting the business of common
carrier within this State shall adopt
and publish and put into effect rates
not exceeding the charges specified
herein for the transportation by 1t. be-
tween stations on it's lines of road In
this State. OF the commodities named
in this act: and every officer. director.
traffic manager or agent or employe OF
such railroad company. exercising any
authority or being charged with any
duty III establishing freight rates for
such railroad company, shall cause the
adoption, publication and use by said
railroad company of rates not exceed
ing those specified in this act; and any
officer, director or such agent OF any
such railroad company who violates any
of the provisions of this section, or VINO
causes or counsels advises or assists
any such railroad company q. violate
any of the proviions OF this section,
shall be guilty of q misdemeanor, and
may be prosecuted therefor in any
county into which its railroad extends
and in which 1t has a station, and up"
on conviction thereof be punished by
Imprisonment in the county jail FOR
period not exceeding ninety days
You will observe from an examina-
ton of this section of the Minnesota
freight rate act that the violation oA
| the same and the punishment prescrlD-
ed therefor is not confined to the rail-
road company and its agents who may
| be actually guilty of a violation OF the
act, but its provisions would attempt
| to go further and render any OFFICER
director, agent or employe of such
railroad company, who causes. OF
counsels, advises or assists any such
railroad company to violate any OF the
provisions of this act guilty OF mis-
demeanor and punishable by imprIsoh-
ment in the county Jail for period
not exceeding ninety days.
TT appears from the brief tele-
| graphic bulletin from Washington
/ which you have just shown me. thai
! Justice Peckham, in his opinion. has
held this Minnesota statute unconsti'
tutional on it's face. You will note bS
referring to the Alabama, statute regu'
lating freight rates that the penalty
for violations of itss provisions is {
fine to be fixed by the court within
| certain limits and does not provide
for imprisonments in the county Jai
or at hard labor. Neither do the Ala
bama statutes go to the extent o.
making a director or agent guilty o.
a violation of its provisions who mere
ly counsels or advises railroad L
violate the act
As to Passenger Rates.
This transcript also sets forth th'
Minnesota passenger rates act In thu
following language:
/ Section l. No railroad compan!
owning. operating or using line o
railroad within, or partly within, thu
State of Minnesota. shall charge Of
collect more than two (2) cents PEI
mile for carving over its roads on