The Montgomery advertiser., 1908-09-26
pended in cashed warrants for the law

pended in cashed warrants for the law yers of the Railroad Commission. The statement was made yesterday that the greater part of the delay In getting to the appeal of the cases by the States side could have been saved If the counsel would have taken only one case and passed over the i've other cases. It Is said that this one case would have suficed to place every principle of law advanced In the States argument before the Court of Appeals and during the pendency of this appeal an agreement might have been reached to go ahead with the trial of the facts in the five other cases. Thus by the time the Court of Appeals should have disposed of the hearing and rendered its decision the Circuit Court in Montgomery could have been far advanced with the evil dence In the case.
 Instead of a method of this kind, however. the States counsel have seen fit to appeal all the cases wherein the arguments are practically iden- tical.
 To form an idea of the voium nous character of the records In these cases 1t is but necessary to recall the steps in the now famous litigation in this State. After an interlocutory decree had been issued by Judge Jones In the early part of last year, suspending the rate act of the Legislature wherein the maximum charges on 1lo com modities were fixed by law. while the reasonabfeness of such rates was be- ing determined, an extra session of the Legislature was called by Governor Conner.
 Extra session He'll Rings.
 It had been found that the law pass ed at tho winter session giving the roads the right to go into chancery court for suspension of the rate acts and hearing of facts was not what the administration wanted. Therefore, the word went forth that something else must be provided, so this act was re- pealed along with its companions, and laws were passed in their stead which would defeat the resort of the rail- roads to the Federal Court and so adjust the whole chain of legislation as that further attempts of the car .rier to enjoln the State authorities could but be suits against the State.
 In other words, it was a palpable effort to force the railroads exclusive ly into the State courts where 1t was especially provided that they could go for justice. but if they did not win they would lose a wager of several million dollars and conhscate their property.
 However, the railroads refused to be thrown down in such fashion and went about meeting the exigency created by the extra session laws. They imme- diately filed with Judge Jones in Montgomery supplemental bills of com- plaint. to be tackled onto their original application for injunction. so as to in- clude In the list of those prohibited from enforcing the rate laws those in- numerable shsriffs. solicitors, deputies, shippers and individuals. etc, to whom the Legislature had given the right to enforce the penalties against the railroads.
 Judge Jones decided adversely the main points of law raised by the States counsel in these cases and 1t Is said to appear difficult to lawyers what else remains to be settled except the facts and a few technicalities peculiar to the Alabama cases.
 Among these technicalities is the