The Birmingham age-herald., 1908-05-08
RAILROAD CASE
 ID BE APPEALED State of Alabama VIII GO Into
 Higher Court WILL BE ARGUED IN OCTOBER At the Sitting of Court of Appeals of the United States In Montgomery.
 High Schools Are Located.
 Laws Knocked Down.
WILL BE ARGUED IN OCTOBER

Montgomery, May 7.--(Special.) )-The state will appeal from the decision Of Judge Thomas G. Jones of the United States court, sitting in the Fifth cir l cult granting an injunction against l the operation of a number of rate an1 regulation acts of the last session of the legislature. The order made was made final by decree on April 20, and 1 the appeal. which will be to the United States circuit court of appeals, will be filed, with bond and in due form, with in 30 days after the date of the order. This course was finally decided upon at conference of Attorney General 1 Garber and Messrs s. D. Weakley and 1 H. c. Selheimer yesterday, following a number of other such talks since the l date of the decision. These gentlemen are busy now fixing up the papers and l will have them ready shortly. They l will appeal from every ruling that IS | contrary to the contentious of the com monwealth, taking the ground that the 1 Minnesota decisions are not only not 1 such as to reach the Alabama cases, but, when read rightly. encouraging to them.
 i In his opinion on the Minnesota 1 cases Justice Peckham went on to say that it would be very dangerous to so empower the lower courts as to allow l them to interfere with the laws of the ! states to the extent of restricting the | grand juries. It is taken to mean that the injunctions by Judge Jones, sweep l ing as they are, reaching every court i officer, as well as privates citizen, are in effect, and very material effect, an estoppal of the functions of the grand 1 juries even. It will also be remembered that the dissenting justice was very l fearful of the effects of this kind of restraint upon state enactments.
 Laws Knocked Down. In handing down his decision Judge | Jones declared unconstitutional num- 1 Der of laws, among them the penalty aets, destined to make it dangero Is l for roads to fighlbrate rednctions. the act to prevent eAtfv to tihins on ths 1 part of those who had offered statutory rates and one or two others that In effect would have made it difficult for ] the railroads to operate pending tn | adjustment of the legal points involved. | The restraint reached all officers, l grand iuries clerks, sheriffs, solicitors and private citizens
 | The arguments will be presented at the sitting of the court of appeals n | this city next October. In the mean time it is not improbable that an order | will be made to proceed with the n- vestigation of the question of the reasonab leness of the rates made by the state. This will be accomplish ad l by the appointment of a master and ] the further taking of testimony. This ] burden will be upon the railroads complaining. They must show that the rates made are not such to render them unable to earn reasonable in come on the investment in the state. All Lines Interested. | There are only three lines con I cerned directly in the outcome of the | cases, the others having agreed wi h | the state to put in the rates. These three are the Louisville and Nashville, the Central of Georgia and the West i ern of Alabama. President M. H. Smith of the Louisville and Nashville which by reason of stock holdings con trols the other two, has led the fight on the state laws, contending that they are such as to make it impossible to keep going and maintain service
 
 the litigation. However the other lines are to share in any advantages that may accrue in the settlement of the litigation. If the roads win out and have at the end the state laws set aside the lines which agreed with the state will pc 1 given back the same rates as those which fight the state in the courts The 1 outlook, however, is that going through ! the court of appeals to the supreme | court, with the taking of testimony l in the rate hearings, there will be per haps IS months or so consumed before | final decree is reached.
 Schools Located.
 The high school locating board | located the following schools toda: | Covington county at Andalusia; Lamar, | at Vernon; Fayette, at Fayette; Law | renee, at Moulton; Lowndes at Fort | Deposit
 Andalusia gives five acres and a | house, new worth $25,000 also lights | and water as supplement of the state | fund.- Vernon gives lot and s10.000; Fayette lot and $12,500; Moulton lot | and $10,000 Fort Deposit lot and $12,- i 500. All agree to supplement the funds of the state to the point to keep the | sch ool going all the school year.
 These make IS schools located, the | other eight being at Atmore, Attalla, | Centre. Reform, Enterprise Scottsboro, Odenville and Fort Payne.
 Delegate Appointed.
 Governor Conner has appointed J. A. Cary of Calera delegate to the con vention of charities and corrections at , Richmond