The Montgomery advertiser., 1908-03-30

right which cannot be invaded or im- paired in any degree by attempted
 classification of suitors according to their business or ocupation State cannot prevent resort to eQufty, In proper case. either under It's own
 Consfitution and laws,v or under Con-
 stltnfion and laws of the United Viewing the question. solely under our State Constitution, 1t is not com petent for the Legislature to take from
 to a court of equity for preventive
 remedies .tor the pfotection of prop
 principles upon which courts of equity usually administer such relief. Equit- | able. remedies have always been re-
 garded as part of the law of the
 history the State has had separate l courts of chancery. The Constitution requires tho Lesislatufe of the State
 to divide t into convenient chancery divisions. 1t provides for chanceilors. and vests the Judicial power in the. chancery court among others. It would I seem that the authority to administer cludei in the Judicial powers the Con stitution vests fin the courts of chan cery. Whether, therefore, the Legis-
 latnre can abridse the equity power
 remedy. 1t is certain that 1t cannot do | so. unless 1t gives one equally effective
 at law. The Legislature of Alabama
 1t fails within the protection bf a court | of equity. that the property owner can- | not resort to that court for the exer-s srs cise of & It's usual ,,a Drsyenrvr remedies: e "the law of the land" to be admlnfs- | tered. While 1t may that in State ! where equitable remedies are not re. cognized, that a property owner could
 not complain that he did not have due | process for the protection of his prop
 erty, because the legal remedies were
 not suficiently effective to protect me
 right. yet. wherever such remedies are recognized in the jurisprudence of a 1 State, they form part of the law or the land, and cannot be denied. with of equity have always intervened in 1 this State for the protection of a prop erty right when necessary to save 1t
 1'9Is Hsra pab the rirbs to % resort to eanitsbie remedies does not all depend upon the Constitution and laws of Alabama. The
 equity power to afford such relief Tn proper cases. is part of the judicial power brought into being by the Con- stitution of the United States, large part of which Is distributed to the cir cult courts of the United States by the acts of Congress. which confer author, fly. and put the duty upon the equity courts of the United states to afford
 all those remedies fort for the protection tsa.. istered~by the High Court of Chancery fin England at the time of the adop- tion of the Constitution of the United law may afford an adequate remedy at flaw in a particular case. yet if the case properly falls within the princi- I'ples upon which the High Court Of adoption of the Constitution, gave remedy. the courts of the United States
 cannot withhold it.
 Anendment, ordains: 'Nor shall
 any State deprive any person of life,
 liberty. or property. without due pro-
 Sssi Within @ it's surisdiction @ the equal protec-
 tion of the laws" Congress is given
 power to enforce" its. provisions by
 "approprlte iegislation. 1t has en-
 which the courts enforce the rights
 secured by this section.
 Tn Chicago and Burlington Railroad Go. v. Chicago, 16S U. s. 226. 233. 1t is prohibitions of the amendment refer
 to all instrumentalities of the State. to
 its legislature. executive and judicial virtue of public position under a State I government deprives another or any right protected By that amendment l iates the Constitutional inhibition. as
 he acts in the name and for the State.
 and is clothed with State power. his act is that of the State. This must be
 so. or as we have said the pnAhibition | has no meaning, and the state has | clothed one of its agents with power to annul or evade it." Ex parte Virginia, l 100 U. s.. Neal V. Delaware, 103 U. 8. l 370; Yick No. V. Hopkins 11S U. s. 356; Scott V. McNeal. 154 U. s, b6b
 Right of Federal Court to EnJoin Emf proper Use of State Power and Mode
 If ita Execution, When Onielaln Exc
 cute State Process. to Destroy Constitutional Right.
 It Is a maxim of constitutional law that when the end Is required. the
 means are given.% Authority and duty | ta prevent an evil inevitably carry 1 with them an authority and duty to | overcome all the means by which that
 evil can be accomplished. The amend
 mAnt Is directed against the wrongful
 use of the State power 1t IS the wrongful use of the power. ana @ not | prohibitions ct the amendment apply. 1 Citizens may swear out warrants of ar-
 rest and gc before grand juries. and
 secure indictments. in order to enforce
 penalties. and thus compel submission
 tn the rate statutes. The citizen, tt IS | true, is not ordinarily vested with
 State power, but in this instance. valid
 state laws permit him to put State | power in motion. and enforce the statute The result Is. to quote the
 language of one of the complatnants
 counsel Any one can sweep across the 1 State like @ blizzard or sirocco. and
 with his 1nformatfons consume the | property of these defendants. The en-
 upon the officers of the State. They have put it in the power of anybodx.to | enforce them" When the tegtslaEure
 refrains from putting any special duty | upon the officer, and expressly denies | him power to enforce statute. and | leaves the State power to enforce the l statute solely in the keeping of private citizens and sthe citizen ayails himself
 at the State power thus left at his dis
 posal, can 1t be reasonably affirmed that
 statute solely in the keeping of the i private citizen, and the citizen AVaiis | 1, al nf hA- tlIE 1 nt his disposal, can it be reasonably 1 affirmed that State power has not been
 used and wrongfully used to that end | if the statute be invalid? Is not | the individual pro hac vice. made the l States officer in the initial steps for l enforcing the statute? Whether this l be so or not, when warrants are sworn | out, indictments found. or suits | brought. to enforce an unconstitu7
 tional statute. valid laws of the State
 are set in motion to enforce that stat | may be- respectively, of clerks to is | sue summons and capiases of sherihs | to serve, summons and complafnts and
 to make arrests and of solicitors to | prosecute indictments. These lawsuits, | indictments, arrests and prosecutions. ] are the means for bringing about the i forbidden end Without the use of | such instrumentalities. the invalid en- | actment cannot be enforced. and the l wrong cannot be accomplished. 1ney 1 itably therefore. the courts in order to | wrong, and to perform their duty. un- i der the Constitution, of preventing 1t. | must stop this use of State power to | accomplish the forbidden end. To make