The Montgomery advertiser., 1901-07-21

--- chairman of that committee in iss1 Now. shall read very short extract only a few lines, but wish to state first. the circumstances under whicf this testimony was taken. As Is vel known, Congress passed some year. ago a law requiring the railroads tt adopt certain safety appliances Tor tns protection of their employees, and o passengers. It was long time De fore many railroads compiled witt that, and MT. Smith was summoned before this committee. and the inquir, was made of him why he had not com piled with that law. In giving his req sons. MT. Smith alleged. as other rail roads had alleged, that that was yer, expensive thing and required . grea railroad had not been making mucf money; its revenues had been some what reduced, and Mir. Morrison finally asked him how 1t was. He said gooc deal of 1t was done in the way of re- bates etc, and then he comes to thu question as issue. ''As Q matter ol fact" said Mir Morrison, you do havt a large free list?" "Yes, sir" Made up of Senators and Representatives? ? "Yes, made up of Senators and Repre- sentatives." ITO what extent does tht judiciary figure in that, if at all?' want to show you how preg- nant his answer Is. withdrawing insinuations. In discussing thii question l want to say that the rali- roads are not all to blame, neither are their officers always to blame. and propose to discuss this thing dispas- sionately. without any prejudice. with a view of getting at the influences that l say are insidiously at work. whether intended corruptly or not. MT. Smith says: T will have to refer you to our attorney. Judge Baxter of Nashville one of the best lawyers the country has ever produced. think Mir. Bax- ter has been of the opinion. and fear most of our attorneys have been of the same opinion. that it Is well not to appear before Judge unless he has a pass if he wants one. In other words, :hey proceed on the idea that If they can afford to give 1t to him. believe that does Us harm. l believe many a judge leans backward for fear he will be accused of favoritism. end for that reason he leans tue other way, and ho decidedly as to show it." Then he goes on again. and speaking of Judges, says: If they want a pass, and ask for 1t, we give it. We don'r press them on them. They may not ask directly for themselves. Hut they have some friend that does So, and that is the mode which is very frequently tmployed. Some friend does so.'
 Now, want to call the attention of the President and the gentlemen of the Convention to what I consider just interpretation of this statement of MT. Smith He says that a Judge wi-h a pass in his pocket frequently leans on the other side against the railroli. in other words he becomes a cowiri to his conscience. Ills conscience makes a coward of him, and he Is so '.fraid that his integrity will be affected hy the possession of the pass, pr ts1t he may be criticised, that he leans against the railroad and fails to do thaZn jus tice. Now, I ask what is that but a pollution of the very fountains of :us- tice. Here Is a man who leans 50 far on the other side. under the influence of the pass in his pocket, that lie can not giva the railroad justice. Is hat not 8 fair conclusion or inference to draw from that statement of MT. Smith? Take the other side If the case. Mir. Baxter thinks and always felt very much more comfortable If he appeared before a court that had a pass He says MT. Baxter and 1 fear most of our attorneys have been of the same opinion--it is not we'll to ap- pear before a judge unless he has pass, If he wants one. The meaning is, he expects the Judge, by reason of the obligation which exists to the rail road by being the recipient of the pass will warp his judicial decision in cavor of the railroad and against the other party. Take whatever view you please the result Is corruption. Therefore, MT. President, say this constitutional pro- vision does not go far enough because it does not take into conslderation practically the insidious influences that are going on all the time in that re- gpect, and ask you gentlemen Of the convention-I do not charge anybody; I do not charge any railroad official with having in his mind any corrupt ing scheme, nor do I charge and gen tleman who occupies & position Of hon or ar trust under this State of being influenced by any corrupt influence when he accepts a pass, but ask you in candor and frankness if. in the last analysis, and if the fundamental char acter of that transaction. 1t IS not tainted with the element of corruption. Therefore I ask, MT. President, that my amendment or addition to that sec ton be read.
 The amendment was read as follows:
 No railroad or other transportation company shall grant free passee, or shall at reduced rates not common to the public, sell tickets for transpo-ta- ton to any person holding any office of honor, trust or profit in this State, and the acceptance of such pass or ticket by a member of the Legislature or any public officer shall work a for feiture of his office. at the suit or the Attorney General.
 Any railroad or other transportation company or officer or agent thereof who shall grant a free pass. or shall at reduced rates not common 70 the public, sell tickets for transportation to any such person shall be deemed guilty of a misdemeanor and Is liable to punishment, except as herein pro- vided.
 No person or officer or agent of a cor poration who gives any such free pass, free transportation or sells tickets for transportation at reduced rates hereby prohibited shall be privileged from tes- tifying in relation thereto. and he Sha Il not beliable to civil or criminal pro- secution therefor if he shall testify to the giving or selling of the same. Rut this shall not prohibit tbe Legislature from authorizing the State to contract with any such railroad or other trans portation company for the transporta- ton at reduced rates of State officers while travelling in the discharge of their official duties.
 Any solicitor who shall fail faithfully to prosecute a person charged with the