The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-08-10
GOVERNOR. is
REBUKED BY
JUDGE
Alabama Court DenOunceS
Attempt to Arouse PeO-
pie Against U. S. Courts.

MONTGOMERY, Ala, Aug. 1O.-In
accordance with an agreement made
between the State n Southern Rail-
way by which the license of the latter
In Alabama was reinstated, lawyers
for the Southern Railway yesterday ap-
peared before Federal Judge Jones and
obtained a modification of his injunc-
ton heretofore granted against the
State restraining it from enforcing laws
while litigation was pending. In modi-
flying his order Judge Jones spoke
from the bench freely concerning the
principles involved. He said:
THE court is always glad to change
or modify an order for the accommoda-
ton of parties to a suit when the APP
plication is voluntarily made.
Aside from the. facts stated in the
petition, it is known of all men that
compliments action is not voluntary.
The complainant has been made the
object of studied obloquy and unreal
soning prejudice as one who defied
the laws of the State merely because
it tested in the orderly mode prescribed
by the Constitution in the courts the
validity of legislation which deeply af-
fects its property rights.
What Interior consequences might
result from bringing suit should have
been considered before it was brought;
but, once brought, abandonment, under
these circumstances of material rights
THAI the law gave in the prosecution of
h suit, presents a t-ranscendent is
sue, which, aside from property rights
involved, has a far-reaching and evil
influence upon the welfare of the peo-
pie and the validity of our institutions.
"lhe action OF the court IN consent
ing to the modification of these orders
at u request Involves II III some
responsibility n is liable to be mis-
understood. 1t does so, because 1t is
powerless, after your request to DO
other"lse'
THE principle involved is so vital
to the welfare OF our institutions
the good OF the people OF the state ana
OF the United states that the court
feels It . bounded duty TO state the
principles on which 1t has acted, and
to disslpate, if it can, the decisions
n unreasoning preJudiees which nave
been recently created concerning the
rlsht Inc province OF the court ana
Inc iiSh'iui pay u .ne Coiss'i."ei"
n the laws OF the United states IN
l'leaeion Oh 1nls Alhu' - 'hat eho d
,eFIeW 1He PioeeuAhss
heio - ploPer'
Asiue from the ulrect
70 tie pupiic lne STATUTE "outu pc
'icany cohllscate t"e Iisht VI an q
Iler 70 10 oollestic business.
tempted - carry On 70 - ueln"@
as IL Is oplseu 70 10 ny 0he opiieaelon
uhueI WIiei ~ assumes ~ pioPelts'
aiu witch - mo- cnahseu ny ~
u.e Witch nas ~
iuity' anu 'ne S'ape
~ ehhoree ~ 'a'u.1' ~
result IN endless anu passits eo
lions Witch WIN ~ -
TO 40 d ooiies'io ouss "o ~
USELESS. ,ahio
As.s Ssnaonuen CO.. thei,
- Iitee. alu -
- Ia,S - u nth a,;+s
100 - 49,
hisiieele nsotanaS 60 4hair
agents "ouru y ~. -
pos.s mnru lit tn
inJuly aa,H, ;ptanfora ,-;th
aomasonoa ora doIav tinted
lnlelsta'e ~"
states nidi.
Inc nVeS anu e".I'y -
anu I'm. - snnonent of
iInperAeu, - eS oM' sS
thelr Trains "o"pu No rne $500
upon mat tram oispaecler' ~.
upon the colnnlunily ot consos ~
sherliIs as &c the ulme OIL an arrest any
stopping place along tne rou.e'
Does any n VINO reany loves inc
people or Alapam peIeVe the court
should have allowed such a state Oh
things to be orought ABOUT! Inc right
and duty of a court OF equity TO inter-
fere under such circumstances n pro-
tect the public n suitors against sucn
consequences is plain n has v
been doubted since the Judgment of
Chief Justice John Marshall in the
great case of Osborne against the bank.
at is a wicked thing to excite tne
p 49, aor,ts ond wbatever
tnorlty OIL lne D. - reSok,
$50 8H no N ~ v