The Birmingham age-herald., 1907-08-10
"SOUIHERN RAIL WAY IS
 4 VICTIM OF PREJUDICE"
Judge Jones Declares He Has Been Pained at Threats to Turn Guns
 of the soIdery Against
 Officers of the Court.
BY HERVEY ". LAIRD

BY HERVEY w. LAIRD Montgomery, August 9.-fsnecia1A-.rr the United States court this afternoon 'odge Thomas G. Jones, in modifying tue ofder or the court so as to allow tho southern railway and allied lines to put In the 2ia cent passenger far act and tba Dill fixing rates on 11O commodities. mads some rather sensational remarks He said that he was always willing to modify rul ings when the parties thereto made vol untary request for them but he did not lhlnk that in this case such request was voluntarily made. He thought that com plainant had been made the victim of ''unreasoning prejudice merely because it tested in the orderly mode prescribed hv the constitution in the courts the valid ity of legislation which deeply affecrad it's property rights"
 The judge then goes on to say that the court which granted that order in the discharge of it's sworn duty has been hercely assailed as a usurper of tha rights of the people, merely because if did what all sides in the litigation con cede was it's duty" It is then suggested by the court that abandonment of tho suit may have far reaching and evil influence upon the welfare of the peonla and the stability of our Institutions
 The judge then says: As a citizen and a judge 1 have been pained at tn, threats that have filled the air to turn the guns which the United States f,r- nlshes our citizen soldlery. against tho officers of this court if they attcmpt to execute the process. which Is inc swnrn 1 duty of this oouit-t1 issue m cases oe this kind. The court must believe that whatever must appear In the press of the country, that no such thought has entered the mind of any one charged with responsibility I think know enough of the people of Alabama to af- firm that they woulG not tolerate the idea or give any support to it. The court would have exhausted all the power that the law gives for the execu- ton of It's process If you had insisted upon the protection of the writs.'
 Judge Jones opinion in full. with at- tendant remarks. is as follows
 Judge Jones' Opinion.
 "Gentlemen:-The court is always glad to change or modify an order for the ac- commodation of parties to d suit when the application is voluntarily made. Com pIainant now asks the court to withdraw 1t the protection of a writ to which it's ] adversary at the outset conceded 1t was entitled in equity and good conscience under the constitution and laws of the state Aside from the facts stated in the petition, it is known of all men that complainant's action Is not voluntary. Complainant has been made the object af ettt faI p, Dh rRi dice as one who dened the laws of the state merely because 1t tested in the orderly mode prescribed by the constitu- tion in the courts, the validity of legis- laton which deeply affects its property rights The court which granted that order in the discharge of it's sworn and undoubted duty has been iercely as- sailed as the usurper of the rights of the people. merely because 1t did what all sides in the litigation conceded it was its bounden duty to do and complainant has been coerced to surrender the plain exercise of a constitutional right by threats of lawless use of state power to harass and damage 1t. or evade. or resist the protection of the process of the court. 1t says in effect, that If yields to higher law, which towers above the con stitution. the laws and institutions of the country What ulteror consequence might result from the bringing of the suit. should have been considered beforo' 1t was brought. but once brought. aban- donment. under the circumstances. of material rights the law gave in the prose- cution of the suit presents transcendent issue. which, aside from the property rights involved, has q far-reaching and evil influence upon the welfare of the people, and the stability of our insti- tutions.
 Court Is PowerIess.
 "Whether your action. under the cir eumstances which surround you in the conduct of such business as complan- ants involving so many interests. public and private and much property of others Is wise unwise in it's larger scope in relation to the public welfare and enforcement of the laws. Is not now of practical moment, in this case. \ court Is poweress to protect the rights of q snitor, when that suitor asks the court to withdraw its protection because It is injurious to seek it, and 1t is un- wiling longer to do so The court has no alternative in case involving only property rights, but to modify at your request the orders heretofore made.
 The action of the court in consentlng to the modification of these orders at your request involves 1t in some re- sponslbilty. and is liable to be misunder- stood II does so, because 1t is power less, after your request. to do otherwise. The principle involved is so vital to the welfare of our institutions and the good of the people of the state and of the Unit ed States that the court feels It bound en duty to state the principles upon which 1t has acted. and to dissipate, if 1t can. the delusions and unreasonng prejudices which have been recently ere ated concerning the rights and province of the court, and the righttul play of tho constitution and laws of the United States in litigation of this kind. To that end. a review of the proceedings heretofore had is proper
 Pained at Threats.
 One word more. As citizen and a judge, I have been pained at the threats