The Montgomery advertiser., 1906-05-21

l ident the amendment to which my re- | marks relate in reference to the trial | cf chancsIiors. I have not the streng tn | nor do I wish to detain the Senate by
 reading anything unless l am compell- ed to do so. l, therefore ask leave | The President pro tempore-Leave
 will be granted in the absence of ob-
 The amendment referred to is ns fol- l lows:
 l Sec. =. That if the matters Involved | in any order or requirement of seid | Commission are founded upon contro- versy requiring trial by jury, as pro- yided by the seventh amendment to the I Constitutfon of the United States, nd | any such common carrier shall violate or refuse or neglect to obey or per-
 said Commission as provided in the if 1 teenth section of the act to regulate commerce. approved February 4, 1887, | as the same IS amended by act of Con- | gress approved -farch 2, 1SS9 it shall l be lawful for any company or person | interested in such order or requirement. | to apply in summary way by petition
 to the Circuit Court of the United states cial district in which the carrier com plained of has It's principal office. or in | which the violation or disobedience of such order or requirement. shall happen, | alleging such violation or disobedience, as the case may be; and said court shali | by it's order, fix a time and place for l the trial of said cause. which shall not be less than twenty nor more than for | ty days from the time said order is made: and 1t shall be the duty of the
 marshal of the district in which said proceeding is pending to forthwith
 serve copy of said petition and of said i order upon each of the defendants, and
 1t shall be the duty of tine defendants
 Within wi ha ten end days after the service | of the
 same as aforesaid. At the trial tht findings of fact of said Commission, as | set forth in it's report, shall be prinia facie evidence of the matters therein stated, and if either party shall demand | jury or shall omit to waive a jury | the court shall. by its order, direct the
 marshal forthwith to summon jury
 to try the cause; but if all the parties I shall waive jury in writing, then the
 court shall try the issues in said cause | and render Its judgment thereon. Eith- Court of the United States under the same regulations now provided by law l in respect to security for such appeal and without regard to the value of the subject In dispute; but such appeal must
 be taken within twenty days from the day of the rendition of the judgment of said Circuit Court. If the Judgment of the Circuit Court shall be in favor shall be entitled to recover a reason
 able counsel or attorneys fee, to be fixed by the court, which shall be col
 lected as part of the costs in the case.
 For the purposes of this act, excepting
 it's penal provisions, the Circuit Courts
 of the United States shall be deemed to
 be always in session"
 MT. Morgan--Mr. President, when that
 amendment was voted down I saw at
 once that 1t was the purpose of the
 Senate to exclude jury trials in all
 cases arising under this act, and that the people whom this bill professes to try fn assist were tO he Shnf mt with contemptuous disdain from any parti- cipation whatever in the trial of any
 issue that will arise or can arise un-
 der this bill. No jury s to be sum
 moned upon 1t. In order that I might get the matter into a perfectly clear
 shape, l offered another amendment, a very brief one, which I will read. At
 the end of Section z, I proposed to in. sert the following:
 That nothing in this act contained
 shall be construed as depriving any
 name from institutlng any suit under it's provisions, or any other suit at law
 or in equity, in any State Court. or in
 any court of the United States, against any common carrier
 That was voted down upon a call of the. yeas and nays. I am very grati- | fled indeed to find that all my Demo-
 cratic friends who were in the cham disappointed to find that every Republican who voted on that amend
 ment voted against 1t. What is meant | by 1t? Is 1t meant that the people, for whose benefit this bill Is ostensibly be- l ing passed through the Senate today,
 are absolutely shut out not only from | having jury trials, as I have demon- | amendment. but that they are shut out from the right of action in any court
 of a State or of the United States in respect of any matter which arises un- der this bill Why do you want to exclude the people, that you pretend to be attempting to benefit from the
 right to bring suits in their own right
 and in their own name against railroad corporations for the redress of their grievances and for the redress of their
 wrongs? I am glad that no Democrat
 voted against that amendment.
 thought, Mir. President, when
 had presented these two amendments
 and they had been voted down that l
 had done my whole duty to my own
 people and to the people of the country who, of course, I am here to represent. And l saw that they had gone down with me in the avalanche of absolutism. in which overzealous Democrats are assisting to launch upon the country
 Having performed that duty, I shall never have more serious or more
 pleasing duty devolved upon me than
 to vote against the pending bill.
 have another hope about 1t. The
 Governor of Alabama is one of the for ty-five governors of the United States who have the right of access to the Supreme Court of the United States in
 the exercise of it's original Jurisdiction. No American who is not the governor
 of State has the right of access to
 that court to call upon 1t to exercise
 its untrammeled and unlimited Juris-
 diction in the trial of all cases whatso-
 ever that may wrongfully affect him
 or his people. He can even go into
 that court. as did the governor of Vlr-
 glnia. and file a suit against citizens
 of his own State who are transgress-
 ing the law to the injury of other citizens. I think as many as seven or
 hearing of cases Instituted in the
 names of governors and on behalf of
 the States or the people they repre-
 sented. have summoned juries into this capitol to try these causes. They do
 not disdain jury trial. Although the
 Senate of the United States Licks 1t
 out of doors, the Supreme Court does not disdain 1t.
 dent. if he finds that any part of meas
 ure which you are about to enact is
 injurious to the people of my State,
 can go into the Supreme Court and file his petition, his application, his bill of equity, his suit at law. setting forth his ground of complaint: and then
 it is with that court to determine They surely will do it if this law or the law of any other State operates to the injury of the people of Alabama In respect or tnelT COhIiOH puDilc DuSI- ness or their individual rights.
 The governor of Alabama can go into the Supreme Court of the United States as suitor When he gets there ha presents his case, his remonstrance, | his complaint. The court will ask him :
 why do you present. 1t in this form? !?
 Why do you present 1t t.1H Tn a the form of
 want WIZ a trial by a jury" But we do not think a trial by jury probably is necessary in a case of this kind; we urill nnt dismiss Your proceedinR but