The Montgomery advertiser., 1909-08-02
MAY REPEAL
PENALTIES
Undoing First Extra Ses-
sion's Work.
RAILROAD MEN NOT FIGHTING
More Afraid Of John Bills Than
Administration.
Destructive WORK Of Present Session
0ccasioas Some Comment Among
Members Of Both Senate
And House.
ABROAD MEN NOT FIGHTING

The very first thing the second extra
session OF the Alabama Legislature did
was 10 go to work to undo tho work
OF the first extra session. The batch
OF half dozen railroad bills present
ed on Nthe first day by Representative
}. Lee Long repeats the excessive
penalty acts for which the extra ses-
sion OF 1907 was called.
me excessive penalty" acts II
mas developed In the light Of the de-
cfsion of the United states Supreme
Court in the Minnesota case weaken
ed the position OF the Alabama Rail-
road Commission in its litigation In
the Federal Court with the contestins
railroads. The court strongly con-
demned in its decision the passage OF
act carrying penalties which sought
to fntimidate railroads and which II
carried into effect would bankrupt
the Supreme Court applied as strongly
to the Alabama acts as to the Mime
sofa acts. for the Alabama acts in tho
matter of penalties saw the Minneso-
ia acts and then went them one
better" The Alabama acts passed al
the extra session of 1907 will carry
heavy handicap when the cases get
to the Supreme Court unless the Excess
sfye penalties are removed.
Inc lc8 endCteQ at inc GxLTh
session OF 1907 was drawn up by the
Governors attorney with the Mime
sofa laws as patterns. The Supreme
Court had ot>then passed upon the
Minnesota acts, and naturally the
drastic acts of the Minnesota Legisla-
ture looked good to the leaders of the
anti-raiiroad agitation in Alaabma. So
the extra session was called and It was
devoted to passing laws carrying ex-
railroads in Alabama from going into
court. Under those laws the Louis
Vile and Nashville would be bankrupt
by one days business. Somebody
figured up that under the penalties.
the Louisville and Nashville was in
debt to the state to more than a bill
lion dollars.
The decision, in the Minnesota case
was a body blow to all such legisla-
ton. The court devoted a large part
Of It's famous decision to represent
ing such tendencies of legislation.
So as soon as the Legislature was
Feconvened, the administration leaders
sought to remove this msnacing weak
ness from their case in court, when 1t
got to the Supreme Court. Represen-
tative Long, one Of the firm friends
of the Governor in the House had the
bills and introduced them as soon as the
house nOpper was Opeu- xue ta1iTO6Q
men are not fighting them. As q mat
ter of fact the, railroad legislation
proposed by the Governor and his
legal advisers is not calculated to do
any great amount OF damage. So far
there are no strong anti-railroad bills
coming from the administration side.
Representative Sam Will John among
his numerous bills has also presented
two or three railroad measures.
These. however, are not believed to
have come from the administration.
The genuine, all wool and a yard wide
administration bills are those present.
ed by Representative Long. Railroad
men say that they are more fearful
of the John bills than they are OF any
of the administration bills.
The fact that the present extra ses-
sioui is so far engaged in tearing down
the work of the other extra session
has occasioned some comment among
the members. 1t has also been noted
that the case OF the Railroad Commits
sion was actually weakened by the
extra session of 1907. The claim is
made that not only was the legisla-
ton useless. but it was actually harm
full to the interest of the States con-
tention.