The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-26

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in Massachusetts. In this case the Addy-
stone Pipe company after they were con-
WINGED that the supreme court would d.
stroy their contract for trust conlbina-
tlon, fed to New Jersey and organized u
corporation to do the same thing in Ala
bama and Tennessee that the supreme
court had decided to be unlawful. when
| they were agreed to under a contract.
| Duty of the Governor
| 1t was my duty in that case, and equally
| sc in your case. to endeavor to provide &
| renal law that would punish such recusan-
| cy and defiance of law. 1 was not gratifal
| to find that the governor OF Alabama was
| at work in New Jersey to find the same
| corporation cover for a combination that Is
| unlawful in Alabama. Neither was I sur
| prised, when l recalled the fact that, in
| three notable instances, you had violated
| the laws, organic and legislative. in order
| to work your will and cultivate your ambi-
| tfous purposes will mention them:
First, when you called the houses togeth-
er to revoke the right OF the people TO vote
| for or against the constitutional conven-
| ton, by the repeal of the bill that you had
| assisted in preparing; had approved when
| you had such authority; and had put
| into execution through the executive de-
| partment and the assisting action of the
| democratic party. This was a bold and
| wanton attack on the constitution and
rights of the people; as much so as If you
| had waited until the delegates were elected
! by them, until the convention had met.
| To accomplish this you organized discord
| In the democratic party, by refusing to ac-
| cept the action of the state democratic
committee, hoping to divide the party and
| destroy its integrity.
| To make this usurpation go down with
| the people, you charge me, falsely, with
| advocating the call of another convention
at this time. I think such call would.
| now, be a pretext for further discord,
which is dangerous to the state; in view of
| the action that is being prepared in
| congress on the subject of negro suffrage.
. If you had not prevented the people from
exercising the constitutional right to
| amend the organic law, the question would
| now be settled according to their will, by
| a convention, that you have advised them
| in message to create; but it suited you to
| keep up agitation it now suits you to
provoke it, by false accusations as to my
| attitude on that subject.
| Second-Another usurpaton in plain vio-
| laIlon OF law was Wnen you appointed lWO
| men to select the lands granted to the
schools at Montevallo and Tuskeegee
| There is but one officer, one appointee, and
one bond authorized by the law, and You
have appointed two, and have divided the
| salary between them. You have your rea-
| sons for this abuse of the statute, and are
welcome to them; but the state had no rea-
son for the violation of it's laws, and no
1 10 f,ix, for
| act
| Third. The other usurpation of authority
| is connected with the illegal disposal of
! the university lands to the syndicate that
| Mr.. Maben describes, in promoting which
| you assisted Whatever else may be said,
| it was a gross usurpation of power
| ycur part to give or sell an option on these
lands to anybody, whether openly or Sc
cretly. I VIII not comment on the
! other phases OF this subject, in which your
| conduct is censured by vote of 20 to 16
| of the alumni of the university, and by
vote OF to 2 OF the board Of trustees,
over which you preside.
Invaiidity of the Sale
| The decision of the board of trustees is
| rested on the invalidity of the sale made
| by you, In pursuance OF proceedings insti-
| tuted and conducted by you, in a summary
| way-a sort of snap 5udgment-w'hich was
| carefully concealed from tine public and the
| other officers OF the university not present
| at the meeting.
| You are a trained lawyer, competent to
understand the laws that govern corpora
tons. and you are greatly learned a
business governor As such. you have
n m tray
| upon executive administration, except your
purpose to ride down tine laws and the
constitution when they are in the way of
your ambition or your advantage.
But I have right, That think is some
thing more than mere sentiment, TO say
| That deprecate the destruction of the per-
manent endowment of the university, made
by congress. 1t is not vain-glorious in me
to mention the fact to you that had
long and severe struggle In congress to OBJ
tain these endowments for the university
and the two schools. do not boast when
say that the plan in each instance was
my conception, and the successful outcome
is due to my exertions.
1 never thought it possible that the action
OF a democratic governor OF Alabama would
be challenged for its fair integrity IN con-
necton with uneSe laHdS; ana sincerely
hope, for the sake of the state, that your
course will be found to be just and I'M
selfish in dealing with this delicate and
sacred trust. Yet you opened wide the
door to accusation when you took to your
self authority over these trust lands, de-
MED TO you by law, whether you acted
from good or bad motives.
AS a democrat, differ with you the
question of duty in following the law of the
party when its supreme council has estab-
lished it.
In considering the powers of your Office,
I differ with you when, for any reason,
you extend them to accomplish ends that
are not in accordance with the Laws.
I have mad very little discussion with
you in joint debate. In more than thirty
speeches made last summer and fall 1 did