The Montgomery advertiser., 1909-11-07

corporations assaii statutory freight
and passenger RATES and the annual
franchite ta41on the ground that they
are discrimn tory, unreasonable and
confiscatory. Ind viii result In de-
privins them Of their property with
out due PROCESS of law, and denying
to them the Equal protection Of the
laws In vioIetion Of the Fourteenth
Amendment 4 the Constitution. These
questions will be finally settled Ut the
end Of this litigation.
IL not ana should not be the policy
Of the state 10 enact laws which win
operate unfairly or will cast an UNI
equal burden upon any class Of per-
sons within its jurisdiction--and It
may be safely assumed that q due sense
OF justice ana fairness on the part of
the people. through their representa-
tives In the legislature. will always
outline a Justsa ana reasonable policy In
the States control Of foreign corpor-
ations.
It may also be asserted that the
only Limitations upon the sovereignty
of q State In the control Of foreign cor
porations transacting business within
Its territory, are, (1) that the regula-
tons prescribed shall not deprive them
OF property withoutidue process of law.
or deny them the equal protection Of
the laws. and t2) that such regulations
shall not amount to an interference
with interstate commerce or with 9TH
err business Of q Federal nature"
The report Of the Attorney General
10 bulky. comprising several hundred
pages when printed. 1t contains:
First-(A) A general review of the
work Of the department for the past
two years relating to matters of more
speciai public interest. and including
the more important litigation in which
the State. through her official repre-
sentatives. has been engaged. (B)
Recommendations suggested by ex-
perience In the conduct Of the affairs
of the once.
Second--A statement of all civil
suits and claims in which the State is
concerned. including a statement show
ing the several amounts collected.
Third--(A) A tabulated statement
showing the number and character of
criminal cases disposed Of in the en-
tire State for the period Of two years
covered by this report. as consolidate
ed from reports of solicitors; the num-
Der of convictions. acauittals. nolle
prosequies and abatements; the num-
Der of sentences to death. to the peni-
Tertiary. to hard labor for the county.
and to jail; the number OF fines inn
posed and secured and the number
committed to the State Reformatory
OBJ Tabulated statements showing
the number and character of criminal
cases disposed of in each judicial cir
cult and in each city or criminal
court or other court having a separate
solicitor. and the number of convic-
tons, acquittals. sentences. etc, In
each, as in the general statement. SO
as to show the work of each solicitor
separately.
Fourth-oficial opinions of the At
.torney General rendered during the
past two years which he deems of
general public interest.
Under the head of civil suits IL COM
prised a statement OF eases involving
the validity OF the privilege tax" on
recorded mortgages. the important rail-
Ing from the franchise tax on foreign
corporations.
Corporations Fight state.
Each of the statements hinges about
the fight of corporations against the
State laws. A contest involving the
constitutfonality of the revenue law
of 1903. imposing privilege tax on
recorded mortgages has been settled
since the present Attorney Generals
induction into office. by the Supreme
Court in favor of the State statute. In
onel CARRIER says:
"The record mortgage law as Il now
stands contains several new features.
Contracts of conditional sale are now
made subject to the privilege tax, as
are also extension or renewal contracts;
and when any instrument liable for
this tax embraces property both in
this and other States. the State Board
of Compromise is clothed with author
- I'D -
Indebtedness secured by the instrument
upon which the tax shall be paid. These
additional provisions have rendered the
present law far more effective, stIll 1t
Is not yet framed TO meet properly
and equitabIy many cases which arise
as the result Of the progressive BUSH
ness methods Of modern finance"
A history Of the railroad litigation,
which is still under way. and of the
litigation arising from the franchise
tax on foreign corporations. which has
been decided In favor of the State by
the Supreme Court, and which Is now
on its way to the United States SUI
preme Court, Is outlined in the report.
The two issues are known to every
well versed Albanian.
The franchise tax case is import
ant because of the amount of revenue
involved. and because of the amount
VI money WltHnelQ from inc - state
pending the final settlement OF the
cases. as well as because of the con-
siderations of principle. The report of
the attorney general -dlscioses the fact
that $136,945.45 is held up by agree
ment awaiting the final termination Of
the litigation.
The Attorney General shows. In his
report. that he has collected. from
various sources through litigation.
S11.453.44 during the two years.
The report bears significant recon-
mendations. as follows:
Recommendations.
'.It was at first contemplated to In
corporate herein several important
suggestions concerning needed changes
In some of the school and insurance
laws ami recommendation with ref
erence to a uniform jury law. Be-
fore this report was placed in the
hands Of the printer, the Governor is
sued call for an extraordinary SEES.
sion of the Legislature and these sug-
gestions were embodied therein on my
up here, but treated later in my next
biennial report.
I'm addition to the suggestions
heretofore noted recommending Ger.
tain remedial legislation. beg to SUBJ
init the following recommendations:
81. Section 6S55 of the Code should
be repealed. This section was enacted
in 1857 and has been carried forward
in every Code since that date. 1t at
tempts to punish an immigrant for
leaving the services of an employer
without repaying passage money and
other advances. Fraud Is not made