The Montgomery advertiser., 1908-03-26
GOVERNOR In
BIRMINGHAM
Believed He Went to
Consult Attorneys.
OFFICIALS ARE WORRIED
Foil Import Of Decision Is Now
Realized.
a.ilrsaas which went Fate Agreement
with>the Governor Have the
Right of Benefits from
the Decision.


The shock to State administration
1crces by the delivery Of the United
North Carolina railroad rate cases, has
not spent itself yet
It was another day OF suspense at
the Capitol Yesterday. II was very
which come In the wake OF an earth
quake. Every hour the sweeping COM
pass OF Justice Perkham's opinion is
So many questions Of moment were
settled in that decision OF Monday. SO
many enunications were made by Join
lie IN one the North Carciina and the
several days. FOR the hugeness of the
thing 10 be felt.
sufhcient OF the epoch making opin-
sci for the state and the railroads in
the pending litigation In Alabama to
acknowledge that 1t has struck deep at
as stated in '' yesterdays Advertiss asei Il
would seem that practically the whole
scheme Of the State administration and
the States lawyers to deprive q, the rail rail-
eraI courts has been annulied.
The Governor spent another day OF
silence in his once yesterday He
for an Interview from the standpoint
of the administration on the Feckham
opinion. Again he declined to speak
TO the attorneys for the state.
Some are disposed to attach signiH-
canoe to the visit of the Governor to
birmingham last night t.. 7 ,developssdd
make . flying trip to the Magic City.
Some believe that he has gone for .
hurried consultation with his counsel.
the litigation pending with Judge
Jones. OF the United States Circuit
Court for the Middle District of Ala
bama, reside In Birmingham. These
are Judge Samuel d. Weakiey and II.
But the Governor would not say that
h as shs pss s i 10 q S. nd ba r to- to
wards this way and be In Selma on
Friday. There he will join the other
members ~ the High School Commits
sion on their itinerary OF inspection.
The announcements of the Governor or
his counsel as to the future course of
the State in the Alabama rate cases
are being awaited with interest. But 1t
is fairly certain that no active steps
will be taken until after the decision
Of Judge Thomas q. Jones Is rendered.
This latter Is expected within the
course OF the next few days.
II is known that the Governor has
been chagrined at the outcome of the
Minnesota and Carolina cases. 1t is
known to have been his constant aim
all through the multiple Legislation of
1907 TO shut The railroads out Of the
huence on this score has been apparent
in the bills which his administration
drew and presented to the Legislature
for passage.
Realizing this attitude on the part of
the Governor, learned lawyers said yes
terday that they could not reconcile
this point with the interview which he
gave out when the first bulletin was
flashed over the wires from Washing
ton Monday.
Then the Governor saidi
THE Alabama statutes provide that
whenever q rate is made either by the
LeRislature or the Railroad Commits
sion. the railroad companies which
deem this rate hurtful to their inter-
asts can entoin the rate In the State
courts and stop penalties until after
the case has been passed through the
Alabama Supreme Court and the Unit
ed States Supreme Court"
To this enactment of the Legislature
the Governor points as a refuge of the
railroads for justice. Keeping this in
mind. one lawyer asked yesterday:
''Why then should the State object
to the reasonableness of the rates be-
ing determined in the Federal Court?
the nnal adjudication of the cases