The Montgomery advertiser., 1907-09-03
Letters to The Editor
aA Daniel Come to Judgment"
 Troy, August 31, 1907.

Troy, AuSusL oAB 1'Va' Editor The Advertiser:
 This mornings Advertiser, after quoting a few sentences from Judge Alton B. Parker's address delivered to the American Bar Association on the 2eth of August. "acclaims "a very Dam iel come to judgment" as follows: Alton B. Parker, former Chief Justice or the Supreme Court of New York, and former Democratic candidate for Pres ident, certainly knew what he was talking aboIt. Men who are so parti- san they won't take the Supreme Court decisions as settling anything. will Knowing what he is talking about"
 Judge Parker's address covered over tlffee columns two inches of which was quoted by The. Advertiser, the princi- pal sentence of which The Advertiser follows:
 And yet we know that by the four teenth amendment, the power has been conferred upon the courts of the Uni ted States to set aside State statutes and State constitutions as we'll if they deprive any person of life, liberty or
 As The Advertiser did not print Judge Parker's address and believing 1t to be fair to both sides in this con- troversy between the railroads and the people and the Federal court and the State. I proceed upon the assumption that the writer of the above praise of Judge Parker's legal learning, did not read the full text of Judge Parker's ad- dress and can. therefore, be pardoned for quoting few other sentences from that very strong legal deliverance.
 With reference to the reconstruction amendments Judge Parker said: The thirteenth. fourteenth and fifteenth amendments in no wise relate to the powers now being considered. It seems rather late to argue after century ot judicial and political interpretation, with the 0rnuiPananPn of denAFl- ment of both State and Federal gov ernments that the Constitution Is not after all what it has seemed to be , all framed our Constitution as we'll as those of the original thirteen States, had a wholesome fear of arbitrary power. They sought to limit goVern- mental power by law, the source of which should be the people-the- States to be supreme as to all matters and to exercise all powers except those specit- icallv granted to the national govern ment."
 From the above it would seem that Judge Parker did not intend that his reference to the fourteenth amendment, quoted by The Advertiser, should be construed as authority for Federal in- terference with State statutes seeking to regulate railroads. In fact, he says: "The recent claims for Federal inter- Vention in directions heretofore un- heard of, are based upon the commerce and post roads provisions or the SOn- stitution," and coming down to the case at issue in Alabama, this learned Daniel" says: And, further, that care should be taken that the proceed ure shall eVince that deliberation that doth so become a judge at all times, and especially when the object of an action is to declare void the deliberate act of the legislative department or state government. I have in mind an action in which application was made Fnr 4Y,I htIf hnfnFA the State we'll as those representing the plaintiff, were heard freely the judge wrote his opinion and then granted an injunction. statute upon the face of which no imperfection appears and which will stand, unless it can be proved that it will prevent the property affected from earning reasonable return Tor the investment is presumptively con- stitutional. It's operation, therefore, is not a matter to be suspended for light reasons. Indeed, I have no hesitation in saying that in many such cases an appeal to the discretion of a judge that injunction issue could well be denied until after trial"
 Does this not look like q very Dan iel come to judgment?" And the learned Judge only referred to the in- junctive power as exercised against the rate statute. What I wonder would be his opinion of a restraining order is- sued against the enforcement of criminal statute of State before any such case should come within the Ju- risdiction of any State officer so en- joined? He stated in his address that an injunction in a civil case involving the effect of a State act should not is- sue on ex parte testimony now what would he say as to the notification of criminal statute before it is attempted to be enforced? Believing, as The Ad- vertiser does in Judge Parkers great legal learning, I do not hesitate to say that he would pronounce it at least as irregular. ..
 I think it has been well said that most corporations have been so used 70 rerarding themselves as above the law that they are honestly mortified and ap- palled by the startling conception of law that is actually above them and must be obeyed. And half the enort ing laws will bring an easy adjustment to the necessity of obeying them
 'o '4o K, B. Price.