The Birmingham age-herald., 1909-04-20
APPEAL WILL BE
 TAKEN BY |, & N. Will Ask Review By United
 States Supreme Court CITATIONS FROM BRIEF Roaf Men Givinn Trn,,LIa .t Aaonta..,.
Boat Men Giving Trouble at Montsom- cry By nstituting Reduced Rates. Report on State Pasteur De-
 partment-Minor News.

turn of the wheel in the higher courts of the government, they are not going to let up on their fight against the state rate and regulation laws until the last expedient has been tried. Having failed in the circuit court of appeals they will ask the supreme court of the nation to take it up and review the acts of the lower courts.
 In the meantime there is some, specula- tion as to the effect of the reversal of the lower court Some seem to think that the penalty clauses of the rate acts are retroactive and that they are penal- ties now since the time the laws were passed It is held that under the penalty acts the Louisville and Nashville road can be fined so much as to take their property. This Is shown in the brief of Gregory L. Smith, acting for the road. filed with the circuit court of appeals, in which he says:
 The litigation has now existed for more than 750 days and if the sev- eral penalty acts are enforceable the officers, agents and employees of the com pany have become liable to 3,49S, ,750 tndict- ments and subject to fines aggregatine s1,749,375,OOO The attorneys fee for the defense of these suits alone would ha at least S20 in each and would aggregate $9975,o00 and the costs of court im- posed in each case would be at least s3O and would aggregate $1O4, ,s62. .5Oo, while the total value of property devoted to intrastate business In Alabama is only S16, 405, ,530."
 The brief goes on to say that the sacrifice of it's entire property in the state would not enable the Louisville and Nashville to pay attorneys fees, nor would the agents and employees liable to fines be able to pay if they devoted their entire estate to it.
 For single days business," continues the brief, If only one officer was prose- cuted for each charge. the penalty would be S3S3,50o; the attorneys fees for de- rending them at least $9S,34o, and the costs at least $140,000"
 Under the law there may be- terms of hard labor. The brief on this line says: "The number of charges for freight and fare are 1865 each day, and the aggre- gate number of days of imprisonment or hard labor the officers, agents and en- ployes might be subjected to for a single days business, would be S4O,07O, or more
 
 in excess of statutory rates during the pendency of this litigation aggregates o,49S,56O so that there has been incurred liability for Imprisonment or hard labor for an aggregate of 1,725, 40 years"
 Will Be No Penalties.
 However, there need be no worry about the payment of these or any part of the penalties. In fact if there was a pen alty of cent on each of the 4665 trans actions a day by the Louisville and Nash ville, It would take only few days to run far over the amount of the bonds. The result will be. whatever may be the discussion, that the penalty acts are en- joined and are not effective until the mandate comes down. So the only way that fines of this kind can be attached to the roads is for the roads to go on and violate the laws after the mandate of the court of appeals Is with the lower court.
 There is also very little likelihood that there will be any interference on the part of the supreme court of the United States. So far as can be found, the high est court has never granted a writ of certiorari under circumstances like those which now exist although the action of that tribunal in the Minnesota cases may make a basis upon which to break the rec ord In this instance. But as a matter of fact, there is very little chance for this to happen, so men of this city think and it Is good guess that within a short time after April 26, the last date of the return of the mandate, there will be be- gun trial of the 2a-cent passenger fare and the 110 commodity rates of the state schedules.
 Boat Men Defiant.
 The Mobile Navigation company, oper- atng the steamer Hard Cash, owned by the Gulf Navigation company, has de- fled the Alabama railroad commission and Is operating under the reduced rates that 1t declared in effect some days ago and which the commission ordered out at once It is held that the commission has no right to enforce it's laws against river traffic and the records bear out the as- sertion Hence 1t is that the Hard Cash Is going to make trouble.
 It is fact, though. that the business men on the river are not giving the rate slashing proposition much general sup port. The Stapeton, operated in competi- tion with the Hard Cash, on the Tombig- bee is getting fine line of trade at the regular rates and the same Is so of the American, on the Alabama. It is gener- ally though that the movement is a Bir- mingham and Gulf movement to put the independent boats out of business It Is feared that if this is done it will mean a return to higher rates in the end.
 Rabies and Hook Worms.
 Dr. E. M. Mason, state bacteriologist, will have fine report of the work in the Pastuer department at the meeting of the Alabama doctors nj Birming ham this week He will also show that there has been marked progress in the study of the hook worm, thet destroyer of energy and pro- moter of laziness in the people who do live on very high plans so far as food and clothing go
 The hook worm is the worm that makes deart eaters. In fact it produces abnor- nal appetites. Those afflicted will eat anything from clay to an old hat, sticks and even cloth. This insect is deposited in the earth as an egg where it develops into worm that gets into the bare feet and produces what is known as ground itch It takes its place in the intestines and attached to the side walls draws out the blood, producing pale and swarthy faces and poverty of blood. More than 2000 of them have been found in one per son. It Is a hair-lke worm about a six teenth of an inch long.
 Seventy-five have been examined by the Alabama department in the last few months, most of them coming from one doctor in Southeast Alabama. In almost every case the worm has been found in those who are careless In life as to sani- tation and dress.
 Since the opening or the Pastuer de- partment the first day of last November there have been 80 cases of rabbies treated by Dr. Mason and his assistant Of this number seven are still under supervision. Ninety-nine animal heads were examined. six cats, one hule. one salf and the rest dogs The mule and four cats and half of the dogs had rabies Eight patients have been from Montgom-