The Birmingham age-herald., 1908-04-05

Montgomery, April 4.-tSpecial.)-ln tense interest prevails in the future ac- ton of the state with regard to tfe fight made by the railroads on rate anG regulation acts of the last session of the egislature-more especially of the extra session in November. The ruling of the United States supreme court on the leading questions involved indicates that the state Is bound to lose if the cases, decided against 1t by the lower federal court, are taken there Tho only thing to be gained. it seems. by fighting the Alabama litigation througa W ould be to find just how far the na- tional tribunal will go in restricting the rights of the state.
 Appeal Looked For.
 However, there is belief, more or jess general, that the state will appeal for the settlement of just one ques- tion that was raised in the opinion or Justice Peckham, 1. e., whether or not the power of restraint such as was Used in the Minnesota case, can be carried to the estoppal of such num- her of officers as would endanger the "very scheme of our government" as the opinion expresses 1t. In the case at bar only the attorney general was enjoined, in Alabama the attorney gen eral nor no other state officer Is al- lowed to take any part in the enforce Inent of the discounted acts.
 The Question Raised.
 In his opinion Justice Peckham, as If sounding a warning of the possi- tilities of the development of the doc Urine, noted that such a ruling could not, in ts9e nature of the case. be ex- tended to grand juries because it would be a violation of the very scheme of our government. This raises the Alabama point. it Is thought, to a nicety, as the petty court officers, the grand juries, the solicitors and the people are enjoined. Can it be the average man asks, that the writer of the opinion referred to had in mind such a situation as now exists in Ala bama, where grand jurles and most everything and everybody else are bound hand and foot by the order of the lower court?
 To Hold Conference.
 A meeting of the attorneys for the state is to be held in Birmingham or Montgom cry Monday or Tuesday. Governor Conner ,s in the lower part of the state and has said nothing further than that he will give out a statement on Tuesday from Birmingham. That would seem to fix the time of a meeting Monday or Tuesday and the place Birmingham. Attorney Gen oral Garber has had the matter up with the other attorneys during the week try ing to ascertain when meeting would De best for all. It will be determined at tnis meeting just what can and will be done, and the interview of the governor .yil1 show tha flrthar cOlIrSa of the stata-
 Did Knock Down Act.
 Notwithsta anding a number of reports to the contrary, Judge H. A. Peace, sitting at Flba, last Saturday, did declare the pen- alty feature of the four-fold damage act unconstitutional, the ground being defec- tive title. This feature is found in seo- ton 4, and provides 8 penalty after 50 days of four-fold on all amounts under s25 and a. graduated lessening scale for lesser amounts. This feature, he said, was not set out in the title, and, in line with the constitution, he held 1t invalid. The action did not show on the docket, for the reason that the attorneys agreed On the face of the claim, accepting a verdict for that much. This bill was one of those presented by Senator Lusk in the last session of the legislature.
 More Code Troubles.
 Discovery has been made that the new code provides that the commissioner of agriculture and other officers ofthe state, shall make daily settlement with the treas make daily settlement with the treas urer. No one knew 1t was there. being a change made by the code committee and unknown until the new books were de- 1ivered this week. This will make a lot of trouble to the officers and the auditor, us it will entail number of new books and blanks and make it necessary to put in new system in many respects. The Ille does not apply to the convict de- rartment which settles every three months. Officers affected are trying to get themselves organized. It will make trouble for the men who Geal with the agricultural department as they send checks, as rule which the banks take and collect without cost to the state. Under the new ruling all remttances will have to be made in cash or New York exchange.
 Remarkable Men.
 Dr. Charles Mayo of Rochester, Minn. who is coming to Montgomery for the State Medical society meeting. is one of two remarkable doctors and men. Sons of an old time country practitioner, they fol- lowed in his footsteps and espoused the cause of Escalapius when they grew up. But they were not content with his field of study and effort. They sought for something more. Surgery appealed to them and they began to practice on dogs and cats and the patients that the coun- try afforded. In time they induced the Sisters of the Catholic church to estab- fish a hospital in Rochester. town of less than 5000 people, So near is 1t to the growing field that the grain almost grows to the doors. It has as consequence, been called the Hospital of the Corn Field" Now they do nothing but oper- ate. They keep staff of dozen phys- clans and have hospital as large as that of St. Margarets in Montgomery.
 Are Country Doctors.
 Dr. William and Dr. Charles Mayo, nevertheless, are country doctors. They