The Montgomery advertiser., 1908-03-30

thS inoictmenfe to transfer 10 another of n which tns sns srlsl a,,, Of the very matter
 exclusive Jurisdietion. If that sSa a sn bssn a sns possure or the matter, the equity e court s1r would have had the rieSt to sn s,,nxs,.n sxsin Rs sxclusive Jurisdiction. by other proceeding which soarht fo trv sne yeTy matter which stood for judR- ment before It to some other cour{ rsdsr @ v sns wsd d,o da,octfins stated b Mark
 g cited In Pitts '. Mcches. rs.s wnien sn,ns, .ne autnority of q court of edtity fo interfere against criminal procceSin rs s1 tn nnaer en invalid statute. when Invoked many ef the esYasssiSon. :aessio rs, i X. whils m Fitts v. McGhse swent ssvnnI tSx case. and were not anecessnpsvo so1e tns asesriaInsnsnt sssstiar 2 .s of the ysry right in cd upon the two controiiins csrsifs aions we have pointed out ana ths case is. therefore, reconciiahis ~vtes dhe i,1 dectrine of subsequent ana prior ~ ~.:sbouan mat when an oflsiai is statute. to the injury of s risbt sA suseo py the Constitution. the sult "A aIrest his action Is not Co 6s eonsid, ,ssr1. sssa sie,sni.. sai. against the State.
 the renesii.. e , senrt not affected sy vLL The original bills have not 9een converted into suts aeainst t,ss fenHs ~. ctase since their Alag the de-
 aciai powsr avs so oesn stripped of all of- uses. The original bills charre thst asS.u5ants S5.onasnts In them will do SO. The eisphanss, eiss irresn.,,s n,cswever are proper par- pose to sascats the ef raps spy .is.ts asts or
 nanroad Commission Is stili the ra,a0 .naNinS S power. Save as checked hv ceonstitnfionai Limitations, inc sta5s eaiiy snr ,ssve the eornmission practi- auln ority If It can be conferred. fo increase or reduce statutory ratas AZ wen as rates made by the commIssl lar
 y rs sss ,n s, tne one matter of enforcing shcrn of any of its original s,,,hs IS not Il IS still charged with tbe assrs,ss .s; z;
 Mloe authority over carriers fsv tra ea,n ea,,ss 1t the original bills the soxty tion to determine whetler tha, stat,.se
 Htacked thersin can have any nrssscs or nnai operation. and amnno t5an, ~MnsLher ~ the statute which nlakAs ths maximum maxi m ,0res rsss on Jam January 1907, thelr saatutes have reduced them, shah 9naI.
 g pe enforced or denied liberation rh. fors tss mss,er s6,,r Of the eontroyersy be- Tier 10 the rates in force on that dats
 necessarHy .a presents a controversy AS 10 the riShtfulness of any reduction S,no Ss,ow o snoss figures If the commis- igetion, were at liberty to step v,i,ht,
 tnis disputed area as to the reasons hi.. ness or the foifs and charges. ana sssEs rsSusl'cns powsr n < would utterly defeat the status quo pending final decision une sne less it made new orders conoarns,, what Is really only another fern ss hrs,1slns ha1ass "A. question which is aiready
 It ia pronar tn rat. .t
 TOT another reason. It is the policy of our Jaws. indeed. their exnrkSs cs,,,, cl rsand. ras that litigation to determine the wsssd sscspt qa h ra,ss .ss snsll slr not }. tribunal entrusted with the duty of caring Tor the public iflfaresta nj the % confus,on 0I rates; is made a party. The which Would rssait and saob bSnSsstsinsy ss.,a Were determined in suits betweAn fhe Ssrfisrs renf n sh sfld private parties. ;s appa- 0f contesting rates would Sensrs1Iv aeter private parties from undertakinr It., sa. ~ ieAvs such issues to De deter. minSt n hs suits nrn oy private parties which Lies. Tn considerable numbers in dif- ,tstL tsfthL courts. at the same time, in D., Mnien variant decisions would fre- state of facts. would result in % businass ins gparzasEtsis garr,.sEtsis ana legal pandemonfun1 Uni t.oormlty and hxedness, which, next to sns "a ree,ssonableness and fairness of the all who deal with the carrier or buv ana sI, seH ih the markets would be ut- ts5T sfer os sasshtroysd sha I, # was the realisa- fera ta e be evs 3f allowing such mat parties, so often adverted to fn inc yscis1ons ss or the courts. which caused the a Legislature of Alabama. in the suit against the Railroad comrn;ssion. ln court Of equity. wherein. by one comprehensive suit. the whole matter Uo w"y wPicS Bf Seontsstsd ron,S A and sdjudged in rhipper. the passenger and the | 1biIc sii authorities alike. The IeR.slation ans acted at the called session SO far as sfsts ;,sn1s sLs concerned, substituted the an appellate proceeding The policy or our legislation is stiii ernphatfe fbsf conses.s S,c ,,hs Sg to rates shall De waged with fendants were not rendered irnproner T parties tnereafter. because different mode or representing the public inter- est Is prescribed as to future suits. ton could destroy the ompis ina his, rlgnt 70 nie his bill here, which .s ae. cured by the Constitution and laws. atn!. Inis. s, of . course, cannot be done by Original Bills Not Abated, suppYememtnl
 Bills We're Well Filled.
 VIII. The original bills have not apated. and do not require any revivor. modity Rate Statute. and inc snhsti- tuition of another schedule of rates. or by the withdrawal from the Com mission of official power, to enforce the at the called session, affects the siIb. feet matter of the litigation ein the original bills in one respect only. Those biils sought to arrest the ope- ration of the statute which forfeifs the right of carriers to do intra -sta te business if they ventured into this court to test the reasonableuess of rates. and also to arrest the operation of the statute fixing passenger fares at 2 1-2 cents per mile, and also the statute forbiddlng the increase of rates above those in force on the first day of January. 1907. The grievance ai- leged as to the commodity freight rates might be stricken out of the bills, and still leave perfect cause of action as to the other matters. which the subse- quent legislation has not affected in any way. The original bills have merely become "defective'' in the senss of equity rule 57. because, as filed. they set up a griev- Commodity Rate Act, whereas, in con sequence Of the change in iegtslation the grievance as to the freight rates is nov as regards what are. Known as place of, the former. This change fin legislation has happened sub ubsequently to the filing of the original bills. and nave not ne ehanred. m Thg subiest partiieT pma1ies of the litigation remains absolutely un. altered and perfect as to the three of the grievances The grievance as to gree and not in kind. The scope of the relief asked fs not enlarged. This is