The Birmingham age-herald., 1909-02-16

fees which admission fee should only be paid over and that the complainant paid that fee.
 1t is also shown that for the year 1908 the company was required to pay taxes on an assessed valuation of about $9OO,- 00O and in addition was required to pay the sum of s5O,OOO for an intangible or franchise tax.
 Complied With All Laws.
 It ayers that it had, compiled with all the laws of Alabama relative to foreign corporations. It quotes section 239 of the constitution of Alabama providing that telegraph companies shall have the right to construct and maintain lines of tele- graph within this state and quotes the statutes of Alabama giving the tele- graph the right to plant their poles along highways and also the right to condemn property for rights of way.
 It is averred that 1t is necessary to ac- ouire and own rights of way and ease ments over land in the state and to have and maintain offices and that 1t has over 400 offices in Alabama, and that it acquired and established the proper ties referred to in reliance upon and by virtue of the laws of Alabama enforced prior to March f. 1907 "and under and in pursuance of we'll established pol icy in Alabama as indicated by it's con stitution and statutes encouraging cor porations not organized under the laws of Alabama to come into said state and do business and acquire property rights in said state, said enactments not in terms or by implication in any wise linn iting such privilege, contract or franchise in point of time"
 Invested Large Sums.
 It is then recited that the telegraph company has with the consent and per mission of the state and in accordance with it's laws invested large sums of money in said lines of telegraph which are used for the transmission of messa- ges for the government of the United States and for the public. It is then al- legged that by reason of the company having paid the admission fee required by the statutes aforesaid a contract was made between the state and the company and that the last Legislature could not pass an act which would impair the obligation of that contract and that therefore, the said act is violative of section 10 of article of the constitution of the United States
 The bill also points out that the com pany's wires are used by railroad com panies in the handling of trains in Ala bama and that if its permit to do bus mess be cancelled the trains cannot be
 
 Provisions of Constitution.
 The bill also alleges that the act of the last legislature is violative of Section 24O of the constitution of Alabama which pro- vides that all corporations shall have the right to sue and shall be sued in all courts in like cases as natural persons. It is pointed out that the deprivation of the right to do business within the state would be to destroy the value of its properties and render them practically useless for the purposes for which they were acquired and are used, and that it is therefore deprived by said act of it's property and the use thereof so far as intrastate business is concerned without due process of law and will be denied the equal protection of the law in violation of Article 14 of the amendments of the constitution of the United States and that to remove it's wires and properties from