The Montgomery advertiser., 1907-08-10
Decries Efforts to In flame the People. COURTS ARE BULWARKS
 OF THE GOVERNMENT Methods in Railroad Case Tend to Overthrow Present Scheme. Deplores Arguments Directed Against Federal Judiciary as Unvarranted and Highly Dangerous, Re-
 sardIess of the Purpose
 sor Which They Were

In acceding to the request of the attorneys for the Southern Railway for modification of the injunction secured against the State. in accordance with the agreement made with Governor Co., mer Thursday afternoon. Judge Thomas G. Jones. of the United States Court, took occasion yesterday to voice viz orous protest, from the bench. against the infammatory statements that have been made of late.
 These statements. appealing to the passions of the people in support of the enactments of the Alabama Legis- legged interference in the States af- fairs by the Federal Court. were de- clared by the Court in vigorous and emphatic language to De most evil in their ultimate effect, and tending to the overthrow of the American gov ernment, as it has existed for more than a hundred years.
 No matter what the purpose of the statements. the Judge declares. nor in what interest they were made, that in- terest. even though accomplished, would be accomplished at frightful ultimate cost. For the arguments that have been advanced against the Fed sral Courts and their course in issuing injunctions in such cases as that now before the Alabama tribunal. will ap- ply with equal. and even intensified, effect to the State courts.
 The natural tendency of such course as that pursued in the railroad case. where the complainant Yrns urged and bullied into seeking mcdihca- tion. and to a certain extent an aban- donment, of its right of injunction in the Federal Courts. is pointed out to be toward the upsetting of all law
 Such course of innaming the pas sions is decried as tending to the re- versal of all precedents, and the de- struction of the whole scheme upon which the American government is founded. It is too dangerous a policy to be dealt with in any light manner, and the warning is issued, without any mincing of terms, that such danger ous method should not be employed. no matter what the. object nor what the purpose desired to be attained.
 The pronunciamento by Judge Jones is an able and strong protest against the methods that have been employed in the case of the Southern, and a se- rious warning against their use.
 Court Held at Judges Home.
 Owing to some trouble with one of hts legs, in which he was wounded at the battle of Spottsylvania. and on ac- count of which Judge Jones has been directed by his physician to keep with in doors for a time, the session of court at which the modification of the restraining order was sought and granted, was held at the home of Judge Jones on AdamS Avenue.
 There were present at the proceed inEs Judge Alex P. Humphrey, of Louisville, and James Weatherly, of Birmingham, counsel for the Southern; Colonel E.. L.. Russell, of Mobile, Vice President and General Counsel for the Mobile and Ohio. and Attorney General Garber, of the counsel in the case. There were also present few interest ed spectators, among them being George W. Jones, District Attorney for the Louisville and Nashville.
 In pursuance of the agreement made Thursday, the Southern and the Mobile and ohio filed petitions before Judge Jones, in order to secure the modified tion of the interlocutory injunction and to enable them to put in the two and half cent passenger rate and the freight rates on the no commodities. pending the hearing and final deter imitation of their suits.
 What Petitions Embraced.
 The petition of the Southern Railway set out the filing of its bill of com plaint. the granting of the interlocu- tory injunction suspending the passen- ger and freight bills, the passage of Senate Bill No S6, requiring a license from foreign corporations. and a his- tory of the proceedings under which this license had been cancelled. It further set out the fact in its suit in the Federal Court it had procured an injunction against the putting in effect of the law forfeiting it's right to do an entra-state business by reason of it's filing in the Federal court of a. suit to enjoin the passenger and rate freight laws.
 It further set out the fact that 1t had been already once indicted for doing an intra-state business since it's license had been cancelled, and that it had been stated that it would be indicted or It's agents arrested, in many courts, If 1t continued to do an intra-state busi- ness.
 It set forth the difficulties which would encounter it and the injury which would be done to the community if 1t should cease to do an intra-state business, and at the same time the impossibility of it's successfully operat- ing it's property while its agents and employees were being indicted
 TermA of Agreement
 The petition further set out that 1t had net b n able to make any settle ment with the public authorities of Alabama, except upon its agreement to apply to the courts for authority to put in effect the passenger and freight rates penC,ng its hearing and final determination of the cause. It recited at length the terms of it's agreement with Governor Conner, and prayed for an order 50 modifying the