The Montgomery advertiser., 1909-06-30

ana She fmposition or unequal burdens
 upon them. by the laws or their admin | tstration. is e denial of the equal pro- tsction clause.
 Contracts with southern.
 "The alleged contracts made with the Southern Railway and other carriers,
 and what was done by the Commission
 in carrying out those contracts. and in
 rates and classfhcatfons to the carriers
 who abandoned the protection of the court than allowed by the statute to
 those who remained in the court, in the | language of Tick Wo vs. Hopkins. 11S
 U. s.. 373. presents the administration
 of the statute. giving the Commission power to change rates and classihca- tions in actual operation As observ- ed In that case. though the law itself | be fair on it's face and impartial in appearance. yet, if 1t is applied and administered by the public authorities
 with an evil eye and an unequal hand. | so as to make unjust discrimination be- tween persons in the same circum-
 stances, material to their rights. the denial of equal justice Is still within | the prohibition of the Constitution. | How else may the suitor show the administration of the law with 'an evil | eye and an unequal hand than by | giving the instances in which the au- | thorities have executed the law. and | the manner of its exercise and the sit-
 nations affecting the rights of the va- 1 rious persons, and the resultant effect l of favors to one, and denial of favors to another. when all are in like condf- ! ton and circumstances. The intent of | the public authorities thus to discrim- mate between persons similarly situaf- 1 ed in all respects-which constitutes
 the administration with an evil eye can be ascertained only by considering
 the ordinary and natural results of the | klr~. dr.atx let a inx the rights of the parties. and whether | 1t effects an unlawful discrimination. All the circumstances and surround | ings connected with the administration
 of the law may be looked to. to de- termine whether. what has been done. | was done reasonably and fairly. or ar-
 bitrarily, and with disregard of the
 several rights of the various persons as to whom it has been differently ex- ecuted. Moreover. 1t Is to be observ- ed in this connection. 1t is a well-set- | tied rule, that whenever power Is
 granted to an executive or administra- | tive body in general terms, that the | law always requires that the power | be exercised in reasonable manner; and while the Legislature itself may act arbitrarily in it's enactments to any | extent which does not offend the State
 and Federal Constitutions. no such | principle can be invoked to uphold the acts of subordinate administrative
 bodies. which must be reasonable in l themselves. In view of all the circum stances and situations with which they deal, and failing in that, cannot be up. | held in the court.
 "The alleged contracts made by the
 Governor in behalf of the State with the | Southern Railway, and allied lines, and | what was subsequently, done by the
 Railroad Commission in changing, in
 behalf of those carriers, the statutory
 rates and classifications, which prior to | that time had bound them equally with complainants. are facts and circumstances proper to be con- | sidered in determining whether the determinations alleged to be thus ef-
 fected, are arbitrary. or based on some just and substantial reason. If the conditions and circumstances surround l ing the different carriers justify the determinations in rates and classified tions worked out by the statute, which confines certain carriers to certain rates and classifications, and by the action of tie commission which re- leases certain other carriers from
 those statutory rates and clasifica-
 tions, Is justifiable, under all the facts and circumstances which enter
 into what are just and proper rates for the several carriers. the manner
 in which that result is brought about, |
 would be immaterial: and the circum- |
 stance would be without weight that
 the result of the operation of the statutes and the action of the commis l
 sion combined was to give better rates | to the carriers who surrendered their | constitutional rights to contest the rates in the courts than to those who
 still insist upon them. Nevertheless, l
 the history of the circumstances under |
 which these different results were
 brought about, the contracts which led
 to them, and the action of the commits l
 sion thereon, all shed light upon the |
 inquiry whether the commission mas |
 executed its powers in this respect
 with an evil eye and an unequal |
 hand" or reasonably and justly. They l are to be considered along with all the |
 other facts and circumstances, and
 given such weight, in view of them as
 the justice of the cases may demand. |
 The allegations regarding these con-
 tracts, the circumstances under which
 they were made, and the action of
 the commission in reference to them,
 are, therefore, proper to be considered,
 and cannot be stricken for imperti-
 hence.
 "The alleged threats of His Excel |
 lency to use his power as Chief EXecu-
 tive to compel the sheriffs and solicl-
 tors to arrest and indict the officers
 and servants of the carriers, notwith
 standing the orders of the court, are
 not impertinent. It was necessary to
 allege a reason why the injunctions
 should issue against these prosecutions
 for the protection of the property
 rights of the complainants. and the
 preservation of the Jurisdiction of the
 court to try and determine the reason ahleness of the rights. If that matter
 were ever one of serious doubt. the
 doubt has been removed since the de-
 cision in Ex Parte Young, 209 U. s.
 123, and that of the Court of Appeals
 on this branch of the case It is un- necessary to say more in respect to
 this, than to cite the opinion of this court in L. and N. R. R. Co.,, ct al, vs. 944.
 Tn the case of the Louisville and Nashville Railroad Company, the ex captions numbered 3, 5, 8, g, 12. 17 and IS are sustained; and exceptions 1, 2,
 4, 6. z, 10, Il, 13, IA, 15. 16, 19. 20 21 and 22 are overruled; and excep-
 tions 23 is sustained in part and dis allowed in part, as set forth in the order entered. In the case of the South & North Alabama Railroad Com pany, exceptions numbered B. 5, 8, g,
 12, IT and IS are sustained; and ex- captions 1, 2, 4, 6. '. 10. II, IS, 14, 15, 16, 19, 20, 21, 22, and 23 are overruled; and exception "A is sustained in part,
 and overruled in part as set forth in the order made herein. In the case of Nashville, Chattanooga & St. Louis Railway exceptions numbered, 1, 3,
 5, 8, g, 12, 20, 21, 22. and 23 are sus- tained and exceptions numbered 2. 4.
 6. '. 10. II, 13, 14, IS. 16, IT, IS and 19