The Birmingham age-herald., 1908-03-29
Synopsis of Opinion.

In March, 1907, F of the railroad com panies in this state filed their bills in the United States court at Montgomery to enioin the statute which fixed 21s cents per mile as the maximum passenger rate and provided for the rates on 110 com- modities, and that the rates in force on January 1, 1907, should not be increased. The law provided that the carrier might test these matters by a suit in chancery against the railroad commission and the attorney general, who were charged With the duty of enforcing the rate law. This act empowered the court to suspend the law pending final adjudication, and if 1t did so although the carrier was finally beaten in the suit, he would not incur the tremendous penalties, which might be anywhere from $1 to 5000 for each pas senger or parcel of freight carried at a higher rate than that fixed by the stat ute No opposition was offered to the in- functions at the time, but some months afterward when the Southern railway had it's troubles in North Carolina the same methods were threatened here, and that road and it's allies negotiated with the governor and abandoned their suits. The others however, would not do so, and a special session of the legislature was called to pass more laws in the endeavor to keep the railroads from staying in this court.
 Five railroad companies, the Louisville and Nashville Railroad company, Central of Georgia Railway company, the Vest ern Railway of Alabama. the South and North Alabama Railroad company. and the Nashville, Chattanooga and St. LOUIS railway. continued to contest the rates in the court The legislature at the called session deprived the commission, the at torney general and solicitors Of all pow CT to enforce the rate laws. They re- healed the former mode of contesting rates. which allowed a suspension Of them during the contest, and required IL to be done by an appeal from the com mission to the state chancery court, to which the state itself was to be made defendant and the proceedings provided for were such that no injunction could he gotten except after considerable delay and no provision was made for suspen7, sion of penalty if the railroad failed in its suit
 The legislature repealed the commodity rate act. and substituted what IS known as the Flight Group Act, classifying carriers and fixing rates in each or these acts If authorized passengers who were refused the statutory rates to sue for damages and authorized jury to give them whatever damages they deemed just. The laws provided no decree or any court enjoining the carriers rom put ting any rate into effect, or preventing g their enforcement should be good de- fense in any court of the state against such suit It was made a misdemeanor' punishable by heavy fine and imprison- ment if tickets at prescribed rates were not kept on sale. for the carrier to use gates or bars to prevent intending pas sengers going into the station to taKe trains. They also provided that the rail road commission whenever in its judg- ment. conditions made it expedient and | proper to do so, without specifying or defining the conditions, should have the right to change the very rates ana ciassi- fications made by the legislature and substitute others of their own making ID