The Montgomery advertiser., 1907-08-13
A Document That Will Put People to
 Thinking.

Thinking.
 Chattanooga Times.
 The language of Judge Jones of the Federal Court for the Middle District Of Alabama, in making the order mod flying the injunction granted the Southern Railroad suspending the op- erations of an act of@the state Legis- lature pending d final adjudication of its constitutionality by the United States Supreme Court, was wise and timely as well as courageous. It's meaning is clear and judicial ar- raignment of the demagogues who are disturbing the people with the wild and dangerous clamor against a "bogey" they themselves have set up and which they call "encroachment of Federal au- thority on the rights of the State. !" Judge Jones doesn't leave an inch oi ground for these noisome politicians t. stand upon, and the full text of his or der ought to be circulated among the people in order that they may thor oughly understand how causeless has been all this hurrahipg against the Federal Court in North Carolina and Alabama. The whole controversy is explained by this extract from Judge Jones's order involving a principle he regards as vital to the welfare of our institutions and the good of the people of the State and of the United States:
 The bill uncontradicted made prima facie case of confiscation and deprivation of property without ade- quate return upon the value devoted to domestic commerce and of irreparahle injury if the statutes were forced pen dente lite, while the rights of the pub lie could be amply secured by bond to refund the excess rate if the reduc- tion in rates were adjudged valid"
 To fully appreciate and understand the force of this language all the citi- zen has to do is tQ put himself and his own business Tn the place of the rail- road-ln other words eliminate all pre- judice, and imagine, If possible, that tho complainant is, say a manufactur- ing concern in Chattanooga, whose right 10 do business in Alabama as guaranteed by the Federal Constitu- tiOn. had been assailed by a State law. Suppose, further. that the operation of that law uncha!lenged would work ir- reparablc injury to the trade and prop erty or such concern--Would he not no regarded as d very foolish person who would charge that the Chattanooga concern would be assailing the sover- etgn right of d State in seeking the tn- tunctive power Of the Federal Court to protect and save itself?
 The act of Legislature complained of by the Southern Railroad made d clear .prima facie ease of confiscation and deprivtion of property says Judge Jones, and carried to it's legitimate end would blot the road out of existence. For, continues the eloquent and learned judge aside from the dire consequences to the public, the statute NOOlh pl iNllt4ltN GpbAhGhAG NhR ID IT of the carrier to do domestic business If 1t attempted to carry on its local business aJ 1t Is obliged to do by the obligation under which it acquired It's property, and which Is not changed by this statute. which has no constitu- tional validity and the State authori- ties attempted to enforce the statute. Il would result In endless and distressing conditions which would render the et- forts to do a domestic business worse than useless"
 Literall construed in the light oi Judge Juues's order. the contention oi Governor Conner and the Alabama au- thorities dppears to be that the Con stttution Of the United States may De uUllfied when 1t becomes necessary for a political machine to resort to 6 bedevilment of corporations at time when sul a project may be safely un' dertakeI and especially when the rall'