The Birmingham age-herald., 1912-05-28

evidences of unjust discrimination that
 are found in the eight group acts and
 in the subsequent orders of the commis-
 sion. The Alabama Great Southern rail
 road was originally in the first class,
 the Southern railway was in the second
 class. When they withdrew their suits
 they were both promoted by the act of
 the legislature to the third class. When
 the Atlantic Coast Line withdrew it's suit
 1t was promoted to the third class from
 the first class When the Frisco with
 drew it's suit 1t was promoted from the
 first class to the second. and when the
 Seaboard Air Line withdrew it's suit 1t
 was promoted to the third class. Every
 railroad which was willing to forego Its
 constitutional right to test the validity
 of the rates in the courts, thereupon re-
 ceived a promotion or the right to charge
 a higher rate. The only railroads which were not authorized by subsequent acts
 and orders of the commission to charge
 higher rates than those originally pre-
 scribed were those which insisted on the prosecution of their rights under the con stitution in the federal court Each of the contesting roads, in the midst of the con stant bestowing of favors on other roads, all the while was left exactly where the l no commodity act and the passenger rate act left them
 | INTENT OF ACTS OF PUBLIC OB'FI- GlAlIS JQljtiID BA | f1IllI ttbAOON- | ABLE AND NATURAL EFFECT 1 With the motives of legislatures and
 governors the courts have no concern I They are not accountable for their mo- tives to the courts. An Illegal act may l be done with good motive, and a I legal act with an improper motive.
 In both cases. so far as the courts
 are concerned, 1t Is question of power-not motive. While the courts ,nf tho l yet, where the right to life, liberty or property Is involved in 1usticable matter the validity of an act done by
 public officials vii depend upon the
 natural and reasonable effect upon the right involved, and the authorities will be presumed to have intended the
 ordinary, direct and natural conse-
 nuences of their acts. The fact that
 railroad contesting rate in court
 of justice withdrew its contest, while another insisted on maintaining It., cannot affect in one iota any of tho conditions upon which alone rates may
 be lawfully made. 1t does not alter
 the condition of the respective roads. or increase or diminish the cost of 1 the service done by them respectively 1 or the value of the property employed or the amount or volume of traffic, or 1 the cost of maintenance, and canno'
 effect In the remotest degree whatever l directly or remotely, any element whicf
 can have apy legitimate influence 1T determining whether its charges arc
 req sonable, or the classification ii
 which 1t shall be put as regards con
 testing or non -contesting road. The in- | tent of the authorities In making the distinctions we have seen between the roads which contested and those which | abandoned their contests, Judging ac- l cording to all laws human or divine. | hasa fa ttaa the power of the state to confer fla | yors and rewards in the matter of rates, upon the roads which abandoned l the protection of the court. and at the | same time to inhict losses upon the roads which. insisted on their consti-
 tutional rights, and to penalize them
 for resorting to a court of their coun- 1 try.
 l Though the law Itself be fair on | It's face and impartial in appearance, vet If 1t Is applied and administered l by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal diserimina- . tions between persons In similar cir- cumstances material to their rights, the denial of equal justice is still
 within the prohibition of the consti- tuition "-Yick Woo vs. Hopkins,
 supra. It is manifest that the classi- hcations denied comp1ainants the equal protection of the laws.
 | STATISTICS AND FACTS SHOWING ! CLASSIFIcATIONS HAD NO SUPPORT IN REASON.
 Apart from this consideration the l proof as to every matter which legiti- mately enters into the fixing of rates 1 for railroads such as it's mileage. cost | of construction. difficulty of mainten- ance, operating revenue and volume of 1 traffic and the like, shows that the compliments in these cases have been unjustly and arbitrarily discriminated against. For instance, the Southern railway had an average mileage in