The Montgomery advertiser., 1907-08-10

forms to the Constitution. It Is the work of the Constitution itself, ana not the will of any one man. when the ex- ecution of law is stayed because It IS held to be unconstitutional
 Tn this court an appeal lies to three other judges, and from them 10 tne nine Judges who constitute the. most august tribunal on earth. But when these men speak, 1t Is not the voice or three or nine men, but the majestic voice and will of over eighty millions of free men, whose voice Is uttered as the Constitution declares 1t must pc spoken. ...-
 "In Alabama each of us holds our life, liberty and property, primarily up- on the ruling of the first judge before whom we come, and then by appeal to seven other judges Yet would any one calmly say 1t was wrong to submit Tn the first instance to the order or the first judge or that when an appear was taken to the Supreme Court and 1t de- clared a law void. it was seven men nullifying the will of the people! u is the Constitution which then speaks
 Pained at Threats of Militia.
 "One word more. As a citizen and a judge, I have been pained st the threats which have filled the air to turn the guns which the United States furnishes our citizen soldiery, Tor the protection of the flag and the exc cution of the laws of the United States. as well as the preservation of order at home. against the officers of this court if they attempt to execute the nrocess which it Is the sworn duty Of this court, under the Constitution and laws of the United States to issue in cases of this kind.
 '"The court must believe. whatever may appear in the press to the con trary, that no such thought has enter ed the mind of any one charged with responsibility. No man need be urged to nause and think what the execu- ton of such a threat would mean. The simplest child knows what 1t would portend.
 q think I know enough of the peo- ple of Alabama to affirm that they would not tolerate the idea, or give any support to 1t. If that day should come, and God forbid that it should, the greatest treason that court of the United States could com init against the liberties of the peo- pie of Alabama as well as the citI- zens of our common country. would be to quail from the issue and abdicate it's plain, sworn and undoubted duty, in the administration of the law In cases properly brought before 1t.
 The court would have exhausted all the power the law gives for the exc cution of its process if you had in- sisted on the protection of its writs. Under the circumstances, nothing re- mains but to grant the order that you ask. and to direct that these remarks be spread upon the minutes"
 As soon as he had finished reading his remarks, Judge Jones turned to Attorney General Garber, and re- marked that the thought had come to him, while he was reading, that he should perhaps have incorporated in the statement a declaration that he felt certain none of the counsel in the case had been guilty of any such incorporate remarks.
 Court was adjourned immediately following, and after a brief period or consultation and personal chat. the at torneys left the Judges home. Judge Humphrey left last evening for his home in Louisville, and Colonel Rus sell for Mobile. Mir. Weatherly will return to Birmingham this morning as will MT. Thompson to Atlanta.