The Montgomery advertiser., 1908-03-29

mission that ail power given 1t to en- force the rate laws having been with drawn. and the law authorizing that fl be made q defendant. also repealed. ssnd the repeating of the commodity rate act and substitution of another in its stead. the effect of the iegfsla- ticn was to destroy further jurisdict- ion of the Federal Court over the cases then pending. It was also con- tended that. as no ofEicial was charged with the duty of enforcing the rate statute. or authorized to be made de- fendants in suit. that any attempt to en3ofn them from enforcing the crim- inal law. and penalties for not put 2 ting in rates. would be suit against Una State, which an individual could not maintain. and even if any suit could be maintained. the carriers would have to begin over again.
 Argument was had last January lasting for ten days by brilliant are ray of counsel as to whether preiim- inary injunctions should issue--the railroads having already obtained rec straining order against the legfsla- ton passed at the extra session. Sew eral hundred printed pages of afidav- Its were offered and tho printed argu- ment made about the same number of pagss-
 The opinion ox the ceurt Was put ID the hands of the Brown Printing Com. pany last saturday. but the Minnesots case being decided on the Monday foi- lowing. the court held up It's opinion to see if any modification of tt was re- quired. and only gave out the opinion today. 3g
 The opinion is very elaborate and exhaustive--deaiing with all the oues- tions argued.
 The Court holds in substance:
 First--As 1t did in the preliminary injunctions issued last summer. that the suit against the cfffciais were not suits against the State; that the fact tha. tns officers were not specially charged with the duty to execute law which might be unconstitutional. could not alter the supremacy of the Con- sti.ution and the laws of the State and the United States. or put 1t cut of the power of the court, because of the form of enforcing the law, to enjoin rates If they denied adequate compen- sation. The position Is enforced by numerous authorities. and . lengthy discussion of principles In which there is quite an interesting examination of the celebrated case of Fitts vs. Me- Ghee.
 second--rt held. as 1t held last sum- nier, that when the effect of a. statate which provides no means of suspend ing rates pending an appeal, Involve confscation if not suspended, If rates are unreasonable. and allows the esr- rtsr the choice of going Into court and ferfeiting his property if he loses. or staying out to avoid such consequences was a denial of due process. vioiative of the constitution of the United States and several provisions of the Consti- tution of the State
 Third-The carrier in Alabafna. so long as its business is done at reason able rates and without unjust discrinh- nation, is entitled to earn from its business the current profits made by similar enterprises. and under the cir eumstances. here the legal rate of in- terest, s per cent. is the adequate com pensation" which 1t is entitled to earn under State and Federal Constitutions:
 Fourth-That the original suits have uot been abated. and that complaints of the iekislation enacted at the extra aession could well be made by supple mental bills, without putting the par ties to the necessity of filing an orig tnal bill. t
 yuranAlctiom Given.