The Montgomery advertiser., 1908-03-28
An ...Ern-Mnklng, peelnlon.

New OFieaHS I1meS- Den1OcEdI.
 In two decisions delivered last Mon- day the United States Supreme Court upheld the right of the Federal courts of original jurisdiction to enjoin State officers from enforcing State rate laws. The Minnesota rate laws were specif ically declared unconstitutional on the ground that the penalties provided for violation, in the way of fines and im- prisonments of railway agents or em- ployes, in effect prevented the railroads from testing the validity of the stat utes.
 that has been delivered by this court of last resort in years. The recent rul- ings in labor cases are dwarfed by comparison. Aside from the confirma- tion of the wonderfully wide jurisdic- tion assumed by the Federal courts of original Jurisdiction and the sublection of State laws and officers to Federal injunction, however, the rights of the parties at interest, in the last analysis remain unchanged. It was conceded that the carriers had the right of ap- peal to the Federal Supreme Court and stand or fall by the judgments there rendered. The disputes arose upon the question of procedure. The State off, cers opposed the grant of temporary restraining inJunctions upon petitions supported only by affidavit, and asked for practical test of the reductions att lacked. The Federal judges. in most instances, declined to sanction sanction this tn functions prayed by the carriers. Thus the laws were halted before enforce ment and held in abeyance pending ad- Indication of their validity. The Su- preme Court upholds that method of procedure. The exalted idea of State sovereignty has received something Of "facer," while the power of the in situation is unchanged. The Legisla- lures may pass laws as before and they will be subject to review now as al- ways but pending that revlew; tney 9,sy. will be subject to suspension whenever the Federal courts decide that they endanger rights vested by the Federal Constitution. ,.. should end these disputes and clear the atmosphere It is unfortunate that the decision could not have been soon CT reached. It can bardIy fail to ex- ercise a salutary influence upon fren- zied legislation. We can not blink the fact that much of the rate Legislation enacted under pressure or populaE prejudice and without the semblance or
 study or Investigation was vicious
 rather than commendable. The law makers too often failed to consider the
 fact that the railroads were entitled 10
 whether a 2-cent passenger rate or a reduced commodity rate can De made profitable depends upon population ahu traffic not upon legislative flat Ihe states can not leglslate puSineSS Citot prises into bankruptcy nor take away by a statute rights guaranteed by the national Constitution. If they read the lesson aright the Legislatures will
 henceforth look before they leap, study the consequences Of proposed measures before, not after. their ,enactmei1ts. The student should take the place of the fanatic or the demagogue as the frameI of laws and In the end the carriers and other public service corporations will be regulated by laws that are intelli' gently constructed. sane, reasonable and four-square with the Constitution