The Birmingham age-herald., 1909-04-21
ANOTHER EDIBLE
 OF LEGISLATURE

MbuIBOHleTyg Aprll Thomas c. Jones of the United States court for the Northern and Middle dis tricts of Alabama, has declared the "out- law act'' of the last legislature obnoxious to both the state and the federal con- stitution. He has. therefore enjoined Frank N. Ju1an, secretary of state, from eaneeliing the license of the West ern Union Telegraph company, which company, being foreign. transferred cases from the state to the federal court a thing the state laws say is of sufficient cause to cancel right to do business in the state.
 The opinion holds that the act Is bad in that 1t destroys the right of a company, constitutionally legaized to avail itself of another constitutional right that of going into such courts as 1t sees fit, like any other citizen. In other words it is the forfeiture of one constitutional right because of an attempt to use another constitutional right. This is impossible, the court holds, under constitutional in- stitutions, the legislature, under Its police powers, having no right to declare harm full the exercise of rights which the con- stitution secures to citizens.
 It is unequal under the rights of the state organic law, in that 1t punishes foreign corporation for what a domestic corporation may do. thereby creating favorite class, which cannot be allowed under the laws.
 Flynn Reappointed.
 Edward Flynn of Birmingham has been again appointed state mine inspector, to begin May 1. Flynn was at one time president of the Alabama Mine Workers union.
 The governor has appointed L. c. Evans coroner of Clebourne county, and the fol- lowing men as delegates for the state to the Alaska Yukon exposition: F. H. Lathrop, Birmingham; J. E. Henderson, Richburg; w. s. Harmon, Lockhart; A. R. Turner, Vinegar Bend, and D. P. Flowers, Montgomery.
 Commission Handed Blow.
 The Alabama railroad commission has been handed a blow by the supreme court in the Union Springs cotton compress case, handed down today. It Is held that the order of the commission for the Cen tral of Georgia to assemble cotton at Union Springs is without authority and cannot be enforced; that the road has right to bring the cotton to Montgomery and compress 1t. and has also the right to own stock in congresses, this being a part of transportation
 The road refused to use the Union Springs compress, and an order was is- sued for 1t to do so. This was not obeyed and the case was taken to the courts. It was held by the state that the com presses were in a trust, controlled by the rail lines and that competition was killed out. The roads contended that they have right to stop where they please for compression, as long as they give compress points the beneht or the rates and through bills of lading. The courts stand with them, but the commission is fast finding its limitations
 Road Wins a Point.
 Tn the ruling of the supreme court in the compress case 1t Is held that rail 1 road can compress cotton where 1t pleases provided 1t gives to compress points the same rights that exist at other compress points The effect is to crowd out the Independent congresses, that is, those | presses not a part of what Is known as 1 the trust and give those that are not of | that organization black eye It is in teresting to note that the court holds that a railroad can compress where it 1 likes this in the opinion of the court, being part of the duty of transporta- l tion.
 Selma Mayor In Earnest. | In a statement made to Gov. B. B. Co., mer Mayor V. B. Atkins of Selma says that the authorities of his town are go- | ing to enforce the prohibition laws if 1 they can be enforced T can't say that I am a prohibitionist but I do believe in l the enforcement of all law" said Major Adkins 'Inasmuch as the prohibition l laws are on the statute books they are | going to be enforced if possible. We | are looking into the matter with care and 1 consideration and if a dry city can be l found anywhere in the commonwealth that city Is going to be Selma, if the | authorities can possibly effect the | change"
 Supreme Court. | Besides the case of the city of Ensley | the supreme court today received records | for about 80 cases, and handed down the following decisions: By Anderson, Joseph | Huggins vs. Southern railway, Bessemer | city court, reversed and remanded; by Mcclellan. railroad commission vs. Cen I tral of Georgia, Montgomery city court, 1 affirmed; Sayre. J. c. richards, vs. Ever | cit Sheppard Jefferson circuit court, af- frnoed