Watson's weekly Jeffersonian. (Atlanta, Ga.) 1907-1907, August 08, 1907, Image 1
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P. S. After years of asking “for his rights* 1 Mr. Common Folks had the pleasure of seeing the lawless Southern Railway brought to time and forced to
bend to the will of the people. The shock of seeing the corporation smashed was too great for Mr. Common Folks and he had to be put to bed. All night
long he murmured, joy! joy! great joy! glorious joy! The latest report from his bedside is to the effect that he will recover.
Alabama License of Southern 'Raillvay
Birmingham, Ala., Aug. 2. —Deter-
mined to follow the example set by
Gov. Glenn, of North Carolina, in
forcing the railroads to obey the
state laws, Gov. Comer and the state
administration, although enjoined by
the roads through the Federal courts
from putting into effect the new rail
road laws in this state, have taken
a new rack, and as a result the li
cense of the Southern Railway to do
business in Alabama has been re
voked.
Among the acts passed by the leg
islature last winter was one requir
ing “ foreign non-resident corpora
tions” to take out a license to do
business in Alabama and forbidding
them to remove civil suits from a
state court to the Federal court. Re-
Atlanta, Ga., Thursday, August 8, 1907.
cently a civil suit brought by citizens
of Talladega county against the
Southern Railway for damages for
alleged personal injuries was removed
from the county court here. -When
notice of the removal was given by
the court clerk to Secretary of State,
Frank N. Julian, the latter wrote the
following across the stub of the li
cense issued to the Southern Rail
way:
4 ‘This license is cancelled for a vio
lation of the act under w'hich it was
issued by the removal of a civil
cause from a court of this state to
the Federal court.”
This law is one among others the
enforcement of which has been en
joined by the ra’lroads through the
Federal courts, the injunctions hav
ing been issued by Judge Thomas G.
Jones last May. The injunctions,
however, are only against the State
Railroad Commission, its members in
dividually and Attorney-General A.
M. Garber. Secretary of State Julian
is in no sense a party, and hence can
not be held as being in contempt of
court in revoking the license.
It is thought that Julian’s action
is the result of a conference held two
days ago between Gov. Comer and
the state’s attorneys, at which the
determination was reached to find a
way, as Gov. Glenn did in North
Carolina, to get around Federal court
injunctions. The governor decided
to call an extra session of the legis
lature in the fall to adopt new rail
road legislation.
The Southern Railway owns and
operates 1,600 miles of track in Ala-
bama. As yet no action has been
taken to enforce the revocation of
the license. There is a penalty for
every contract a road makes after its
license has been revoked, ranging
in fines from SIOO to $2,000 and im
prisonment of the agents for not more
than twelve months, or both. In ad
dition such contracts are declared
null and void.
Lawyers here think that Secretary
Julian’s action means a clash be
tween the state and Federal author
ities. The legislature has before it
now a bill to provide for receivers
for foreign corporations which have
forfeited their charters or licenses.
This bill, it is expected, will be
rushed through at once, and under
its provisions the state may ask a
receiver for the Southern Railway,
No. 29.