The Birmingham age-herald., 1908-03-29
Preliminary Injunction Against State Railroad Laws Is
 Made Permanent
THE COURTS OPINION IS VERY ELABORATE
Effect of Decision Is To Declare un- constitutional Many Parts of New
 Railroad Laws of Alabama and Suspend Acts.

Montgomery. March 2s.-In a sweeping decision making permanent the prelfm- mary injunction decided last August Judge Thomas C. Jones of the federal court of Alabama. middle district, de- clared that acts which sought to pre-
 vent the railroads of the state from go- ing into the federal court were uncon- stitutonal and that the anti-railroad acts of the Alabama legislature should be suspended pending an investigation of the complaints of the roads that the acts were confscatory.
 Judge Jones declares in the opinion that
 the issue of states rights is not involved
 in the issue now in the federal court.
 The opinion says life would be into-
 erable in any government claiming to be at all free wherein the decision had
 no redress against wrongs done by offi- cials in the name of the state" The constitution itself it is held gives the l federal court the right to pass upon such questions. and the real objection to the
 exercise is, therefore, an objection to the principles of the Union.
 i The effect of the decision is to declare unconstitutional great many of the l parts of the railroad code adopted by 1 the Alabama legislature. and to suspend | all rate acts until the justice of the rates can be determined. The opinion had been published and was soon in the hands of the printer for delivery when the United States supreme court rendered 1 it's opinion in the Minnesota cases, which l were similar to those in which the state | of Alabama was party. In all essen- 1 tial details the opinion was similar to
 that rendered by MT. Justice Peckham. l The opinion is very elaborate and ex- | misunderstanding with allsthe questions | argued.
 Summary of Ruling. l The court holds in substance: l l. As it did in the preliminary injunc- | tions issued last summer, that the suits 1 against the officials were not suits against 1 the state; that the fact that the officers were not specifically charged with the 1 duty to execute law which might be unconstitutional could not alter the SUI premacy of the constitution and the laws | of the state and the United States, or | put it out of the power of the court be- cause of the form of enforcing the law to enjoin rates, if they denied adequate
 
 by numerous authorities, and lengthy discussion of principles, in which there $ quite an interesting examination of the celebrated case of Fitts vs. McGhee. 2 It is held as it held last summer, that when the effect of statute which provides no means of suspending rates pending an appeal, involves eontseatlon | if not suspended, if rates are unreason- able. and allows the carrier the choice of going into court and forfeiting his property if he loses or staying out to avoid such consequences, was a denlal 1 of due process, yiolatiVe of the constl- tuition of the United States and several l provisions of the constitution of the state- 3. The carrier in Alabama, so loiS l as it's business is done at reasonabte l rates and without unjust dlscflmlhit- tion, is entitled to earn from its pus'- l ness the current profits made by similar | circumstances and have the legal ra,e l of interest=S per cent-is the adequate 1 compensation which it Is entitled 1 earn under the state and federal con- stitutions.
 Oriqina Suits Not Abated. That the original suits have not l been abated and that complaints or l the legislation enacted with the eN,ih session could well be made py supp,e- | mental bills, without putting the pa = ties to the necessity of filing an orig'- nal bill.
 5. That the Jurisdiction of the conrr which Is given DN the conSlllullOI u,tu laws of the United States could not be taken away by an act of the sta.S legislatures and that the same resn'~ would follow if the question were de- termined solely under the constitution and laws of the state
 6. That the state statutes and the
 provisions in the eight group act which authorized the commission whenever It thought proper for any reason it might deem expedient-the statute itself not prescribing or defining what these coa- ditions should be-to strike down 70 rates and classifications fixed by the legislature itself and substitute what ever classifcations and rates the coIl- mission chose to fix, was a plan az tempted to delegate the Legislative power to the commission, which was forbidden by the constitution of Ala bama. The opinion points out the method which the legislature could have pursued. if 1t wished to deal With future conditions and make changes in the law. It did not do so. however, and the result was that the change in the law was submitted solely fo the unbridled discretion of executive officers who were thus authorized ,'' make laws in place of the law made
 by the legislature.
 ReasonabIeness of Rates.
 '. That a suit by a carrier against officials who have the power to make
 rates in order to contest the req asona-
 bleness of the rate, is an effort to iN the status of the property and deh"e
 the rights of the owners and the puo-
 lie in the use of the property, and ie
 judgment is rendered in such a suit by
 a court of competent Jurisdiction 1t fixes the status of the property and the rights of the carrier and its customs and is binding on all the world, on the principle on which naturalization fixes the status of citizenship and adjudicl- tions in bankruptcy fix the status of in- solvency.
 s. That the orders of court in such ca sas or of statutes fixing rates. could
 not be set aside in suits between pri-
 vate parties, as to particular tranI- actions to prevent the carrier from
 conforming to the rates fixed by the court.
 If this were not so. business paralysis
 and legal pandemonium would result where rates could be fixed from tina
 to time by the verdcts of different juries, at different places. in different localities, it may be, at the same time. g. The provisions of the statute that a
 
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