The Montgomery advertiser., 1901-10-23
JONES CANNOT ACT
 ON CONSTITUTION.
Measure Will Never Reach New
 Federal Judge.

The favorable comments on Judge Joness appointment were so well nigh universal throughout the country, that The Advertiser has ceased to publish them. One or two papers in the South alone. have endeavored to find a motive for his appointment which reflects alike on him and the appointing power. These papers have intimated that the reason for the appointment was that Judge Jones. in view of his remarks in The convention on the grandfather clause. was to be relied on to upset the suffrage section. MT. Alex T. London, a promi- nent member of the Alabama Bar in an interview yesterday in The Age Hreald, which is reproduced below. shows how silly and mean such insinuations are:
 "So many things have been said in re- gard to what was the motive for the ap- pointment of former Governor Thomas Goode Jones to the district judgship, said Alex T. London yesterday, that l think the public mind should be put straight. Unthinking persons have been | saying that one reason was that Judge Jones would declare the new Alabama constitution unconstitutional when the | question came before him.
 ''To those who know Judge Jones well. | as I have the pleasure of knowing him. such statements seem outrageous. Judge Jones by birth character, instinct and association is probably the last man in Alabama who, under any circumstances, would intimate what his decision would be on any question, when the matter was to be submitted to him judicially and is reflection on one of the highest-toned gentlemen in the State for such thing to be attributed to him.
 But apart from all this, the l Iestion could never be presented to Judge Jones, nor could he declare the new Alabama constitution unconstitutional. The whole question was decided in Green Vs. Mills by the District Court of Appeals for the Fourth Circuit, Chief Justice Fuller 6c- livering the opinion of the court (6S Fed eral Reporter. S62) on a bill to enjoin registration under the South Carolina constitution on the same grounds 2S gre now urged against the new Alabama con- stitution. This disposes of the question as far as an injunction Is concerned. If a mandamus were sought, the Fed eral Courts, Circuit and District, have no original jurisdiction to award manda-
 mus in a case of this character. So there is no way for the question to some befoI e | Judge Jones.
 But even if such a case should come
 before him, presenting as it would so grave a question. a Circuit Judge of jus | tice would undoubtedly be called Cn to | sit, and the opinion of the ranking 9u6ge
 would be the opinion of the court.
 Judge Jones is confessedly one of the | most learned lawyers in the State, fear less, fair minded, incorruptible and honest man, whose appointment has gwen almost
 universal satisfaction in this State; and i it does seem to me that this appointment | having been made, our people might at | least accord to the judge ordinary det ent
 treatment. and trust him as we, have heretofore trusted him with the essur- l ance that he will act as ne mas aiway s
 acted in the past. according to the dic- l tates of his conscience
 Tn reference to the appointn mt by the | judge of Democrats to the clsrkihip and | other places within his power, fl seems
 to me that the judges position, as stGted
 in the newspapers. Is the only enc gen.
 tleman could assume under the circum- stances. and I am at a loss to undel stand how any one could criticisc or ensure him for that"