Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-07-12
.UrDGE Af<Iy,S SPEECH.

! the Bar Association OF Georgia by Judge
| Akin has created stir In that state and
| elsewhere. He complained nightly Of
the too free use of iljurctions and the
law-makng habit on the part Of the
Federal judiciary.
on this subject nc was outspoken-so
much so, indeed, that many OF his fel-
lows stood aghast at his temerity.
The question raised by the Judge has
been taken up by the newspapers and the
law journals, and is being thoroughly
discussed. In the North Judge Akin has
not a great many supporters, but in the
South and West his position is a very
popular one.
Judge Emory Speer, Of the United States
Court. was in attendance upon the Bar
Association when the address was deliv-
cred. He did not attempt TO answer
Judge Akins criticisms, but in asking 70
be excused from further attendance upon
the association on account of pressing
business he pooh-poohed the address In
short. ironical speech.
Here in Richmond the Akin view is the
popular view Under injunctions issued
by Federal judges a telephone company
Is doing business here, though its charter
has long since expired. Practically speak
ing It Is held that because mail-wagons
run on our streets the streets have be-
come post roads, and having become post
roads our city has lost control of them.
TO us this is a very obnoxious view, but
It IL held not only by Judge Golf, bnt by
the United States Circuit Court OF APP
meals. Soon. we trust, the United states
Supreme Court will pass upon the ques-
ton, and it Is TO be hoped 1t viii give
back TO Richmond full authority over her
streets. But If Judge Golf is sustained
we should think the doctrine would eX-
tend to railways in general, and would
apply TO all Of them upon which postal
cars are run. If Richmond has lost con-
troll Of her streets by permitting mall
wagons to run upon them, why have no,
the States lost control OF the great rail-
way lines where pOstal-cars have been
run upon them? or, at least, II a state
is not in the position of our city, surely
the railway company is?
TO such an extent may this dread doc
trine be extended, We now find the CITY
Council of Richmond actually begging the
Postmaster-General not to put in opera
ton here street-cars for the carrying and
distribution of city mail matter. why?
Because il is feared If postalrcars are put
upon our street railway lines Richmond
viii no longer be able to exercise control
over the franchises of those lines! In
short. the charter of one Of our lines eX-
pires in a year or two; but should postal
cars lie put upon that line it is feared
Richmond would no longer have any
voice in the matter Of the franchise, but
the company might continue to run its
cars here Just as the telephone company
continues to operate its exchange here
though its franchise long ago expired.
SO the impartial public may well under
stand how it IS that Richmonders much
approve the criticisms made by Judge
Akin upon the tendency OF the Federal
judiciary TO govern by injunctions. quite
possibly the United States Supreme Court
may approve the course of the judges who
acted in the telephone case, but we do
not believe that court would have done so
twenty-five years ago, but 1t has been
making many precedents of late. And
every such precedent becomes the basis
for further progress along that line.
Judge Akin says he is discussing sys-
TEN. not attacking persons. We say the
same. OF late our people have been upon
agreeable terms, personally and socially,
with the Federal judges who exercise au-
thority I'm this state, but for all that we
cannot but question the rightfulness OF
their judgments in cases such as those
TO which we have referred. We conclude
with the following extract from an in
terview that Judge Akin had with a rep
resentative of the Atanta Constitution:
If | am wrong. jefferson and jackson,
the Democratic platform of 1896, many OF
the ablest and most patriotic journals OF
the country. and the majority Of the peo-
pie are all likewise wrong.
Il was not criticising men, but a sys-
tenn The address was not written 60 Of
fend. Neither was it written TO please.
L meant only to tell the truth on great
pacific question, no matter where 1t cuts
or whom it hurts"