The Montgomery advertiser., 1908-03-26

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rests finally with the same tribunal.
And this final haven is. IA the event Of
a. setback for either party. that high
est tribunal Of the natio Situated on
the Potomac.
"Of course. II the charge is going to
be made that the Federal courts are
bound In the first instance to decide
against the State on account OF bias.
one can see why the State should want
its own court for the trial But has
any such charge, been made and IL
there any foundation for such .
"The most that either the state or
the Federal court can do Is to suspend
the rates or enjoin the legislative acts.
The Governor has admitted that the
State can enjoin the acts and estop all
penalties until final hearing In the
United States supreme Court. Yet he
seriously objects to the suits being
started In the Federal courts. This
seems to me strange. yet the fight OF
the administration has been from the
beginning a relentless one to drive the
railroads from the Federal cauFts.
These rights are upheld forever by the
decision OF Justice Peckham which "
but a reiteration. as he himself says.
OF weil-founded interpretations OF the
Federal Constitution"
Lawyers. too, who are acquainted with
the events of last year touching the
State and the railroads. paused when
Peckham's opinion. Speaking OF the
Carolina rate acts. Justice Peckham a..
clared that "the necessary eject Of
such legislation must be to preclude Q
resort to the courts (either state OF
validity. The oficers and employees
could net he expected to disobey any
of the provisions of the acts or orders
at the fisk of such fines and penalties
n T. an IN
courts should decide that the law was
valid. The result would be q denial OF
any hearing to the company.
Tsen the Justice adds, and IL APP
pears significant as applying to lesis-
"A law which Indirectly accomplishss
n like result by Imposing such conal-
tions upon the right OF appeal Tor.
diciai relief as works an apanaon-
ment OF the right rather than face the
conditions upon which II Is offered or
NAV be obtained. Is also unconstifu-
tional. II may, therefore. be said tnat
when the penalties for dis?Dedlencs
are by hnes so enormous and impris-
onment 80 severe as to intimidate the
company and It's officers. from resort
ing ia the court to test the validity OF
the legislation. the result ~ the same
as II the law IN terms prohibited the
Company from seeking. Judicial con-
struction. OF laws which deeply aneet
It's rights"
THESE WOT0t EGmlHQS0 tuS t1WyO -
of what drove the Southern Railway
and other carriers in Alabama 70 ac-
ouiesce In the schedule Of freight rates
and passenger rates made BY the Aia-
ssma legislature Ths sy .5 5se sou.bsF S
Railways counsel when as complain
ant before Judge Jones in Moptgoulcls
they asked for an amendment OF tho
ir1terlocutory decree Issued March 80,
1907, and said to the ceurt:
Complainant says that 1t was thus
confronted with the necessity OF 40
ing either one of two things. each 81
indeed, almost destructive Of Its prop
erty. on the one hand there was the
alternative Of ceasing doing any intra-
state passenger or ~@etght business n
alternative would be not only to large
iy diminish the value Of compliments
property and the returns thereon TOT
the use Of such property. but also to
fence and dsmage upon the citizens OF
Alabama whose residence or business
was along the and upon Its lines
The other alternative was to defend
numerous prosecutions against itself,
Its agents. officers and employees, which
prosecutions. so far 40 the agents, Of
flceRs and employees were concerned.
presented possibility Of not only pun
lshment by fine but Of Dunishment BY
aAithoush the defendant could have
defended each Of these caseA as corn
piainant believes, successfully, and as
serted and maintained its constitution
al rights yet to do so would involve
enormous labor aha very great ex-
penge.
Besides this. however. complainant
had experienced in another place and
on another occasion the practical Ina
possibility OF preventing demeraliza-
istence of such conditions as would
make 1t impossible to continue its bus
mess In an orderly and efilcient way"
North Carolina episode where the
Southern was harFassed by the arrest
Of It's agents.