The Birmingham age-herald., 1911-01-02
Prohibition Failure Not Due to UnTecognized Civic
 Duties
HANDS OUT HARD BLOW
 ID THE RAILROADS
to State observation-disclosures Franchise Tax and Privilege
 Tax Mortgages

Montgomery, January 1.--(Special.)- | Railroad rate litigation, criminal cases l of the state, relation of intoxicating li- quors to homicide and recommenda- l tions of a pungent nature are features l of the biennial report of State Attor- ney General A. NJ. Garber which has just been transmitted to Governor Co., mer. In all probability the digest of the attorney general is one of the most thorough ever submitted to a chief executive of this state, embracing ram- fications of sweeping importance to Alabama.
 | In regard to the rate litigation, the attorney general suggests that an ad- 1 justment of the cases on a reasonable : 1 basis would be of generally beneficial character to all parties concerned with l reference to the number of criminal cases reported during the two years the attorney general produces figures to show that the practice of institute 1 ing frivolous prosecutions in misde> meanor cases is growing evil," in re- | gard to whatever ratio exists between intoxicating liquors and homicides, the attorney general admits certain spirit of law defiance; in his recommendations the attorney general suggests, among other things, an increased salary for | the attorney general and more help. | Each of these subdivisions, and many | more, are treated at length by the of- fcial. the period covered extending from October l, 1908, to October l. 1910. The report closes the record for Colonel I Garber as the states attorney general, | and is designed to be an exhaustive | treatise of the work of the office The transmittal letter of the official to the governor extends over 57 pages of printed matter.
 The four years now passing into hiss tory, according to Colonel Garber. will be regarded by the impartial student of Alabama's governmental develop ment as tbes period most constructive Eand progressive in fegisiatfon. and the most aggressive in the divorcemert from former conditiors." In substan- tiation of the claim, the attorney gen. eral thoroughly details the work of the department, in his letter to the gov ernor, dividing the work into G. q general review of the most important legislation; CD a statement of several
 
 is concerned; (3) a tabulated statement showing the number and character of cases disposed, the number of convic- tions; C4D giving at length the official opinions during the past two years of general interest
 Important LcCislntion
 Under the head of important legisla- tion the report of Colopel Garber deals especially with cases involving the validity of the privilege tax" on re- corded mortgages, the states railroad rate litigation and the franchise tax on foreign corporations. Reference Is made to new statutes construed by the supreme court statutes declared void, Impeachment cases, and titles to prop erty conveyed to the state for high schools
 | Chief among these questions consid- cred by the attorney general was the matter of rate litigation, which is still pending.
 Prior to recommending an equitable settlement of the question. the attor- ney general gives brief review of the cases as follows:
 "The bills In the cases were filed 10 restrain the enforcement of certain pas senger and freight rate statutes and several other statutes regulating rail roads, enacted by the legislature of Ala bama in 1907, upon the claim that they were confiscatory in their effect upon the property of the railroad com panies. and also that the statutes de- nied the railroad companies the equal protection of the laws"
 The attorney general thereupon shows that of the F original cases, seven of them have been adjusted or settled on an amicable basis, leaving unsettled and still contested tho suits instituted by the Western Railway of Alabama. Central of Georgia Railway company, South and North Alabama Railroad company. Nash vile, Chattanooga and St. Louis railway, Louisville and Nashville Railroad com pany and the Central Trust com of New York The progress of these cases through the various courts is fully reviewed. as well as the decrees at each step significant point is brought out by tie attorney general, however, when he says:
 since the putting into effect of the rates complained of, the net earnings of the contesting railroads have continued to increase with the result that for the fiscal year ending June 30. 1910. during | which period the statutory rates were in , force the net earnings from all business were much greater than they had been for the year ending June 30. 19o9."
 After suggesting settlement of the , | contests, the attorney general says "ln , my opinion these cases are beyond all question the most important in which the state has ever been engaged. They involve all the problems of the states | control and regulation of the intra- state of the common carriers doing bus mess in Alabama. It is difficult to de- termine or suggest to what extent the continued contest of the railroads. en- gagged in this litigation. under existing conditions, is due to an inherent un- willingness to submit to state regula- tion
 Thereby the attorney general hits the railroads sauarely between the eyes.
 Colonel Garher specifically suggests. however. that whatever compromise | might be sought. 1t should not be con- sdered if the state is asked to give up