The Montgomery advertiser., 1905-08-06
REFUGEES MISTREATED
JUDGE JONES DEFINES POSITION OF
 GOVERNMENT.
There is No Friction Between state ana Federal Authorities, But Pas- sengers Must Not Be
 Shut fin Cars.

Some idle rumors ran over the streets yesterday, to the effect that there was friction between the Federal Court and the quarantine authorities about the execution of the quarantine at Birm-
 ingham, and that an injunction was about to be issued from the Federal Court.
 An Advertiser representative called on Judge Jones to ask what foundation there was for these rumors. and what power the laws of the United States gave in the matter.
 You may say most positively" said
 Judge Jones, "that the United States Court is not trying, and will not try, to interfere with any lawful quaran- tine measure. You may also say It. IS absurd to think there has been any friction between myself and any State official on the subject. There has been no such thing.
 Under the laws of the United states, the courts of the United States are as much bound by any lawful quarantine measure of the State as anybody else Congress expressly recognizes all law full quarantine regulations of the states. With unlawful quarantine measures It
 is different. The Constitution of the United States Is as supreme in time of epidemics as at any other time. No police power of a State Is ever permit ted to override the Constitution of the United States. "The rumors to which you refer grew out of the following circumstances: l received a letter from some passen- gers complaining they had been put to torture by being compelled to sit, with windows closed, in this hot August weather, on a train going through Bir- mingham. They wrote to me, as a Judge to know If the Government Of
 the United States could not prevent the
 tfc helpless citizens. I answered that neither the State nor local authorities
 would permit such a thing for an in stant, if they knew 1t. and that all that was necessary to prevent the repeti- tion of this cruelty was to inform them; that there was also ample power in the laws of the United States to secure them decent treatment in the respect complained of.
 q accordingly called on the Cover nor, and informed him. He promptly inquired into the matter, and took ef- ficient steps at once to prevent rep etition of the evil.
 T telephoned Mayor Ward, of Birm- ingham, who did not know of the oc- currence. but said he would at once remedy the evil, If done by local offi- cers I did not see Dr. Sanders, but did see Health Officer Brassell. All these gentlemen are brave and humane and tnankeu me LOT lne lti was no friction of any kind. and will not be any.
 Why most certainly such outrages are within the concern of the United States Certainly there are laws of the United States which provide ample pun ishment for officers of State or mu- nicipality which infiict such outrages on citizens of the United States, under the guise of enforcing the quarantine laws and, if necessary, the courts of the United States, whose business 1t is to see that citizens of the United States are protected in their rights, will promptly put those laws in motion.
 "The Constitution of the United States, as repeatedly declared by the Supreme Court. forbiGs any one, who wields State power, 70 cppress or iniure the citizen by taking hls liberty away from him without due process of law
 Any definition of liberty includes the right to breathe comfortably, even while In the custody of quarantine of flcers It is not due process of law for any official to prevcn: q man from breathing with comfort, while in his hands. This is a right secured to the citizen of the United States by the Con stitution and laws of the United States, as well as by the positive provisions of the laws of Alabama, which forbid compelling refugees to sit in cars with closed windows. An officer who de- prives a person, held in a quarantine car, of liberty enough to get fresh air through open windows. commits crime against both the laws of the State and of the United States. as well as against the laws of God. He de- prives the citizcn of liberty without due process of law. The statutes of the United States punish anybody who in- jures, expresses, threatens or intimi- dates. any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution, by
 a fine of not more than $5.0O0.' and i'm prlsonment of not more than ten years.
 The brutality and ignorance which deems it necessary for the protection of the people to close down car win dows when refugees are passing through a town, Is amazing and ap- palling. quarantine officer who does not know that such acts are criminal, Is not fit to be entrusted with such re- sponsible duties. No instance has ever happened in forty years where the peo- pie of a town have caught yellow fever by the passing of refugees through their boundaries on railroad trains. Thousands and thousands of refugees have passed through hundreds of towns In the South. in the last forty years, and 1t is conceded everywhere that they never spread the disease in the country through which they passed, that there Is no danger in such a course. and nobody now thinks of praventinR 1t.