The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-03-24

any trip wholly within the state any
passenger Of twelve t17) years OF
age or over, together with baggage
not exceeding one hundred and fifty
(fb0) pounds in weight, or more than
one I'D per mile for any such pas
senger under twelve (i2) years of age,
together with baggage not exceeding
scventy-five (7b) pounds In weight.
Sec. 2. Any railroad company or any
officer. agent or representative there
OF who shall violate any provision of
this act shall be guilty of a felony
and upon conviction thereof shall be
punished by fine not exceeding five
thousand dollars or by imprisonment In
the State prison for period of not ex-
ceeding five years. or both such fine
and Imprisonment
TT will be seen from reading Section
2 of this act that a violation of the act
Is made felony and Is punishable by
a fine of not exceeding $4,000 or inn
prisonment In the State prison for not
less than five years, or both such fine
and Imprisonment. 1t seems from this
news dispatch from Washington that
the United States. Supreme Court has
held this law to be held unconstitu-
tionai on its face on account Of the
extreme penalties which II imposes. 1
call your attention to the great diff
ference between the penalty thus pre-
scribed by the Minnesota passenger
act and the penalty provided in the
Alabama statute on the same subject,
the penalty in the Minnesota statute
being far more excessive and rigorous
than that imposed under the Alabama
statute.
THE act of Alabama prescribing and
regulating the passenger rate. approx
ed February IL, 1907. contains, In Sec
ton 2, provision that a violation OF
said act shall be a misderneanor and
that the fine shall not be less than
nfty dollars $500 for each offense. The
penalty in the Minnesota statute Is
made penitentiary offense, while the
penalty in the Alabama statute merely
provides for the assessment Of max
imum fine of ffty dollars $500 with
out provision for Jail sentence or
a hard labor sentence.
'sOf course, I am unable at this time
to say from the brief advfces from
washington to what extent. II any. the
opinion Of the United States Supreme
Court will AFFECT the litigation now
pending in the Federal Court Of this
State relating to the freight and pas
senger rates as fixed by the Alabama
statutes. The Supreme Court of the
United States denied the Petition of At
torney General Young. but your dis
patch does not give fully the grounds
on which the decision is based.
II had hoped the Supreme Court of
the United States would have met
squarely all the issues presented in the
Minnesota case and especially the
point raised by the Attorney General
that the case fled against him as At
torney General in his official capacity
was a suit against the State Of Min
nesota. A decision on this point would
have had direct bearing on some of
the mainfquestions raised before Judge
Jones in our cases."
Judge Jones Decided Point.
Referring to the decision which the
Supreme Court of the United States
made with regard to the Minnesots
case. Judge Jones said yesterday at
ternoon that he had not seen report
of the decision. and did not know this
points which had been under consid-
GRAFTON by the Supreme Court.
II II related to the matter of charg-
ing the railroad companies with ar
enormous fine in case their grievances
were taken to a. United States Court
Judge Jones said that in his opinion
which he delivered in September
| 1907. the point was covered, and thai
he was pleased to know that the Su-
prama Court had upheld his opinion.
The opinion with regard to tbs
matter follows:
Mindful of the irreparable injury
and multiplicity of suits, which woulC
/ be imposed upon the carrier IL 1t re-
sisted the enforcement of rates 1t con
sidersd unreasonable. and had nj
| other mode of testing the reasonable
/ ness of rates than meeting indict
ments as they are found and suits Al
| brought. the Legislature of Alabama
| wisely provided a mode of settlement
| by bill in equity against the Commits
sion and the Attorney General. which
/ in one suit would settle every cues
| ton, and bind the State, the public ant
| the carrier alike. and authorized tn
court in the meanwhile. to suspend
the execution of the rate laws. Thi
| enabled the carrier. upon properly In
Identifying shippers and passengers. T.
| obtain a judicial ascertainment. of it
| rights. withoue hazarding its whole es
tate upon the rightfulness of its chal
lenge of the rates. Without som'
such provision. our rate laws woul
deter the carrier from going int
court at all. and practically destroy it
right to a judicial review. as effectual
| ly as IL the statute had in so man,
words denied its right to resort to tn
| coNrt. Statutes making no such provi
sions as ours for contest of a RICH