The Montgomery advertiser., 1909-06-30
Corners Sayings Don't
Count in U. S. Court

lege many facts and circumstances
which, strictly speaking. are merely
evidential or argumentative, In support
of the contentious Of the complainant
and to meet what may be offered In
opposition to them, such as the facts
going TO show the value Of the prop
erty devoted to the public use. the
Justice OF the carriers methods OF
transacting business. the fairness Of
their accounts Of expenditures And dis
bursements. the reasonableness Of the
rates charged. the gross and net earn
ings. the volume Of domestic and in
terstate earnings, how they are de-
rived ana apportioned respectively. and
the like
Frequently, the pleader dwells upon
particular results and phases OF the
practical operation of the rate stat
utes upon the carriers business ac
conducted under existing conditions.
Sometimes the p1eader sets forth, as
illustrative Of his claim as to the true
Interpretation and construction Of the
statutes. the purpose" of the Legis-
lature. meaning thereby, the intent
gathered from the language of the
statutes. and the conditions with
which they deal. Strictly speaking. an
this Is Objectionable. under the ordi-
nary rules OF pleading as In legal
effect. 1t is only setting out in extenso
In the bills mere argument or evil
dence to prove the proper construc-
tfon Of the statute. Yet such allega-
lions foreshadow the principal con-
tentiops of. law and fact. and the nu-
merous issues which arise on the proof,
and will enter into the taking and stat
ing OF the accounts. In which all the
issues are finally centered. Such
methods Of outlining the several Issues
and giving notice OF them in advance.
are promotive OF fairness and serve a
most useful purpose in tightening the
labors of~the courts and counsel For
these reasons, the courts of late have
shown marked tendency to relax the
ordinary rules regarding impertinent
allegations, and to permit a latitude Of
allegation in bills Of this sort, which
is not allowed in other cases. where
the material issues are far fewer In
number and of q much simpler nature.
Historical Facts Proper.
Whenever historical facts throw
iisnt upon the meaning of law. or the
rights and duties of suitors Hereunder
such facts are as proper to be consid.
cred In determining the intent of the
statute as II set out in the bill itself
and the courts may take judicial no
tice OF them without being specially
pleaded. Taylor v. Barclay, Sim. 21s
Ashley v. Martin. 80 Ala, 537: Holy
Trinity Church v. u. S., 143 u. s., Asst;
Blake vs.. u. s. 1o3 U. s.. 227
The court could take judicial notice
OF the proclamation calling the extra
session and the contents of the Cover
nor's message, IL the bills did not men
ton them. Whether the statutes un-
der review fall within the objects stat
ed In the proclamation Is material
since, under the constitution of Ala
bama. legislation upon any subject not
included in the call would be invalid
unless enacted by q two-thirds vote
Besides. II the proclamation and mes.
sage shed light upon the construction
and Interpretation " the statutes, In
sorting them in the bill can have nc
other effect than to call the attention
of the court to sources of informal ton