The Birmingham age-herald., 1908-01-18
JUDGE WEAKLEY
 ARGUES IN SUIT Plea Is Made for Rights of the
 People RAILROADS GET JUSTICE Argument on Preliminary Questions Is Ended and Judge WeakIey De-
 clares That Railroads
 Should Try Rates.
RAILROADS GET JUSTICE

Montgomery, Ala, January 17.-CSpe- cial.)-The argument on the two prelimi- nary questions in the railroad suits pend ing before Judge Thomas G. Jones in the United States court came to an end to- night with the speech of Former Chief Justice s. U. Weakley. Gregory L. Smith, for the railroads, took up the whole of the morning session.
 MT. Smith argued that the new laws are but the development of the old and that the court can and should, with ev- cry propriety extend the injunctions on the old acts to the new, making fmpos- sible, in that the other contention of the state that the injunctions should be dis missed because of the repeal of the acts upon which based
 MT. Smith said the question was one of facts, not shadows. The enforcement of the laws mean the inability of the railroads to do business. and this condi- tion tends to paralyze the business of a state. The laws are unjust, without req son or equity. and should not be forced upon the railroads If they are it will be to great financial loss and injury
 Judge Weakley argued that the laws are repealed, that the suit is a suit against the state and that there is no equity or justice in it. The state has the right to regulate rates and is charged by the people with exercising it and the laws that were passed at the extra ses- sion were not unconstitutional, are not confiscatory, as the experience of other states near by will show and the peo- pie have a right to a trial of them be- fore the assertion that they are bad. His speech attracted great crowd to the court room, most Of the state officers going down to hear it.
 With the speech of Judge Weakley the argument ends on these two points: The right to supplement the old injunctions and the contention that such injunction should be annulled because of the repeal of the acts upon which they stand.
 Judge WeakIey Speaks.
 Judge Weakley stated that it was well settled that the federal court had no authority to inquire into the policy of legislation, that it was only concerned with the question of power, that if the acts of the legislature assailed by the complainants were within the power of the legislature, and were not in contra vention of any provision of the constitu- tion of the state of Alabama or of the constitution of the United States or it's laws the courts had no concern with the policy of the enactments. Therefore, he would not undertake to make a defense of such policy, that the legislature, and the governor of the state were responsible to the people of the commonwealth for the policy of such legislation as they con- cured in, and that they were not answer able, on such a question, to any court, either state or federal; and hence, in an swer to opposing counsel who had criti- cized the acts of the legislature and pro- nounced them as drastic, he would not enter upon any defense of the acts, be- cause the court had no jurisdiction or power to hear and determine whether the statutes were ill-advised or the contrary, and not because slch defense was inn possible.
 He said that it had been frequently mentioned by opposing counsel that the railroads possessed large property inter- ests and that their prosperity was es sential to the prosperity of the state; that this was true but that there was another side to the question, to which counsel had not adverted Where there was wealth and combinations of wealth, there was
 
 not singly combat or contend with it. and hence the legislature was wisely vested with the power to regulate and control these great corporations who enjoy mo- nopoly and who exercise public function to the end that the rights of the citizens should be preserved; that such citizens should not be called upon to pay more than reasonable sum for the services of carriers.
 I1a fn ha1no af f1aa rights of the sovereign state of Alabama to enforce her penal laws in her own courts, and on behalf of two millions of people of the state, to have a just and reasonable regulation of public service corporations since it has been at all times declared by the supreme court of the United States that the carriers should not exact more than just and reasonable re- ward for their services, and that in con sidering what was just and reasonable the court must regard the rights of the pub lie as well as the rights of the railroads.
 Original Suits.
 The speaker then discussed the eharac- ter of the original suits and the effect upon those suits of the legislation which had been enacted by the extra session of the legislature, and insisted that such acts of the legislature were constitutional, and that they had-operated to remove from the case all controversy that was before the court, and that there were no longer any persons before the court with whom the controversy could be carried on.
 The contention was that the 110 com modity act had been absolutely repealed and that in repeating this act no consli- tutional rights of the railroad companies had been infringed. That the very pur- pose of the bill filed was to enjoin the en- forcement of the act and therefore the re- peal of the commodity act was the secur- ing to the railroads the very result they were seeking by their bill of complaint
 In this connection he cited cases to show that with the repeal of the statute ..rar la.r