The Birmingham age-herald., 1907-08-22
In Charge to Federal Grand Jury Outlines De erminaiiOn
 of Courts Purpose
CITES AUTHORITIES FOR
 FEDERAL INJUNCTION
Announces That He Will Keep Grand Jury In Session Until Railroad MuddIe Is Cleared Up and
 the Case Settled.

Montgomery. August 21.-ospeeial)-ln his charge 10 the United States grand , jury this afternoon Judge Thomas C. ones made it plain that he expected
 them to indiet and crowd ahead for pros ecution any state or county officer who interferes in any way with the orders of
 his court with regard to state railroad
 laws suspended and restrained by order
 of his court. The incident grows out of
 the threat on the part of state solicitors
 and sherffs tn make arrests for violations
 of state laws that have been held up by
 order of the United States court. and in- , dicates that the judge is ready for any
 sort of fight the state may see fit to put upon his court
 The judge tells the jury that they are
 likely to be held in session until there is settlement of the cases or such let up in the ID. .oeeedings that they can be safely let go without fear of discredit to the court. He says: Recent events will compel the court to detain you here some time watching, 1t may be. for overt acts of resistenee 10 the process of the court which some now threaten in the near future The situation here is SO abnormal. SD uncaled for. so unwise so detrimental to the welfare and peace 1 of our people that the court feels com [ pelled by q high sense of duty to call your attention to it."
 The law Is then cited in many ways as to the right of the federal court to ! enJoin acts by the state until such acts
 are declared to be legal, and the revised statutes are rected to show that any 1 who violate the orders of the court may ] be imprisoned and fined for centempt, ! lr'lt indit ed and given long teIns in the 1 penitentia.y. All these things the judge 1 tells the Jury they not only have a right
 to apply. but 1t is their duty to apply them. He says all the power of the flag and the nation Is behind them 10 enforce the orders of the court and that officers O. the state will not be allowed in any sense tG defy the tribunal Among other things he says: Are the lives of inter- state passengers to be endangered by sucn a state of things? Are the mails of the country and interstate commerce to be delayed and the nag which stands be- hind the order of the court insulted by such lawless arrests No one would re- ! spect the American people if it's govern l foot of American soil longer than is nee essary to bring It's power to bear upon [ the transgressor." The jury Is charged to inquire of every ohense brought to It's l knowledge of resistance to the process of ,e court or efforts to obstruct or i'm pede the due administration of justice | in the cases now up.
 The opinion In full follows:
 Gentlemen of the Grand Jury.
 When you were summoned some time ago. the court announced to many of your members 10 induce you 10 forego ex, cuses: that your duties would necessitate only short absence from your homes and families Recent events will compel the court 10 detain you here some time, watching, il may be, for overt acts of re- slstance to the process of the court, which some now threaten in the near fu- turc. In that event the court will need your aid in putting the machinery of the law in motion against such of them as cannot be more properly reached by the summary powers of the court. The situa- ton here Is so abnormal. so uncalled for, so unwlse. so detrimental to the welfare and peace of our people. that the court feels compelled by n high sense of duty to call your attention to IL.
 Some months ago twelve sutors filed their bills in this court, as they had a right to do under the constitution and laws both of the state and Of the United States and In the mode expressly invited by the statutes of Alabama to test the validity of the rate legislation. The off cials against whom the state laws provide that such bill may be filed were made defendants They appeared in thls court by learned counsel. men of the highest character and patriotism. The defendants did not present particle of evidence in opposition to the prima facia case made by the sworn bills. The counsel stated.
 s.1N fR4r.. posture of the cases, that they did not re- sist the preliminary injunctions and would not appeal from the order granting them. and after being asked to present objections If any they had to the orders made, made none. Every provision was made to secure the interest of passengers and shippers. by the eXaction of ample bond, as both the state laws and the rules of equity require under such cir cumstances. Counsel on both sides and the court were making every effort to speed the cases. Neither the civil nor criminal docket was called. in order that the rate litigation might have the prefer ence
 No Complaint Made.
 Not a complaint was made. from any responsible source. at least. that the court had exceeded it's jurisdiction or interfered with the rights of the state or the right ful authority of any of its officials. The people were content that the issue in a forum where 1t belonged, and were willing that 1t should settled there. and most people were gratified that the is- sues were transferred from the domain of the hustings to the calmer atmosphere of the court room, where only proven facts have weight. and are ascertaincd after opportunity Is given both sides to offer testimony and cross examine wit nesses For over four months. this tran quil state Of the public mind continued.
 Why the change from that feeling to that which exists today? Only lately agl-
 tation has sprung up as if by studied
 concert, to inlame the public mind
 against the enforcement of the law in
 these cases, and against the court