The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-04-07
Appellate Court Reyerses
Judge Jones.
NABAMA'S. STATUTE
WILL NOW BE ENFORCED
Supreme Court Of State Should
Have Reviewed It.
Court Of Appeals At New orleans De-
alares That Act Il Not Csnas-
s.sery, spa Held. Up
Hssds Of Railroad
- Csmmissioa.

State courts. instead of Federal tribun-
ais. should be first appeajed to In testing
laws passed by State OBSERVATION-DISCLOSURES
the opinion OF majority OF the JUS
tees OF the United States Circuit
Court OF Appeals. today. when a decis-
ion was handed. down which dissolved
the injunction OF the United States
Court for the Middle District OF Ala
bama restraining the Alabama state
Railroad Commission from putting In
to effect certain passenger and freight
rates in that State.
The decision OF Judge Thomas @ !.
Jones. OF the United states District
Court at Montgomery. Ala. one Of the
principal features Of the fight between
the Commission and the Legislature on
one side and the railroads on the
other. is therefore reversed and an
nulIed.
Regret was expressed In the opinion
that the State Supreme Court of Ala
bsma had not been appealed to in the
matter of testing the laws passed In
this connection by the Alabama Legis-
lature.
The Court of Appeals. Judge Shelby
handing down the opinion In which
Justice Pardee dissented, held that.
while there could be no question:
raised as to the rights OF the Federal
courts to eniofn acts OF state .Legisla-
ture which were in effect connscatory.
still. In such case as this. where
much harm smight be done by grant
ing an Injunction as by refusing II.
F'nrthermore, the opinion read. preiim-
mary injuncttons have tendency to
delay final decisions.
The Injunction was, therefore. order
ed dissolved. and the case was re-
handed to the lower court for further
proceedings.
Judge Pardee. in dissenting. granted
the constitutionality Of the State Rail-
road Commission, but held that the ev-
fdence as to the fpossibfiity OF the rates
being confiscatory was suficient to en-
title the railroad companies to the pros
lection OF the court pending the, out
come of the suit
Cause OF I.itigatsan.
The litigation grew out Of the enact
ment of certain laws at the regular
an extra sessions of the Alabama Leg
islature in 1897. which provided for a
maximum passenger rate OF IL cents
q mile and material reduction In
freight rates on railroads within the
State Of Alabama.
The railroads attacking these stat
utes were: The Western Railway of
Alabama. Central OF Georgia Railway
Company, South andsNorth Alabama
Railroad Company. Nashville, Chatta-
nooga and ST. Louis Railway, and Lou
isville and Nashville Railroad Com
pany.
Bills were died to restrain the en-
forcement of these proposed rates upon
the claim that they were coniscatory
in their effect upon the property OF
the railroad companies. and also that
the statutes denied the railroads the
equal protection of the law. The COM
plant was also made of certain pro-
visions OF the acts which made the,
charging OF higher rate OF fare than
that prescribed a nlisdeneanor, and Inn
posed upon any officer. agent or en-
ploye OF a railroad who violated the
provisions OF the acts. penalty OF
fne and imprisonment.
Decree OF Judge jones.
A decree was obtained from Judge
Jones of the United states District
Court at Montgomery, which was
sweeping in its eject. BY its terms.
the proposed rates were superseded
and suspended until the final determna-
tion of the cause. and "all shippers or
consigness of freight and ali passen-
gers and persons were restrained from
instituting any suits against the roads.
either in their own name or In the
name of the State OF Alabama. gor the
recovery Of any fines or penalties On
account of refusal to comply with the
provisions of the acts.
1t was further ordered that all prose-
cutting attorneys be restrained from
instituting any criminal proceedings
against the roads for alleged violations
under the terms of these statutes. The
clerks of the courts of the various
counties we're restrained from perform
ing any. offical duties In reference to
any suit that might be brought against
the railroads and BherinS from making
any arrests in this connection.
Finally the Injunction forbade the
Railroad Commission of Alabama ,"ffom
making any order as such Commits
sion, reducing any freight or passen-
ger rate of the roads complainant. at
less than complaints rate for the same
existing at the commencement Of the
suit on March rs. 1907"
This decree of the United States
Court provoked a storm of disappoint-
ment among the State offlcials of Ala
bama. and a clash between State and
Federal authorities was threatened.
This. however. was averted, and the
State took an appeal from the decroe
of Judge Jones. which remained in the
meantime in full force and effect 1t
was on this appeal that the Circuit
Court of Appeals here acted today
The court put itself on record as ia
voring an appeal to State courts as
first recourse. and expressed regret
that an opportunity had not been Civ
en- the State Supreme Court OF Ala