The Birmingham age-herald., 1907-08-27

eheet The indignation of the governing forces of many of the states is already aroused. It is shown in the legislation or the year. It had not little to do. In my Judgment, with the recent conflict or judicial authority in North Carolina.
 From many quarters for the past two years have come the iteration and re-ite.'- atlon or the necessity for the assumption Of federal control, based in the main on the feebleness or neglect of the state gov ernments The tide of speech and writ inG, If not of public sentiment has been so strong that only here and there could be found a person who would attempt to stand against it. When he was founl. his motives were discredited So, when a judge in the performance of what he undoubtedly conceived to be his duty. re- strained the operation of the legislation of a sovereign state. 1t seemed to some, doubtless. but the culmination of a series of assaults by the federal government up on state governments. And yet We know that, by the fourteenth amendment, the power has been conferred upon the courts of the United States to set aside state statutes. and state constitutions well, if they deprive any person of life liberty or property without due process of law.
 It was the understanding, l dare say. of the great majority of the people who voted for it, that the purpose of the amendment was to protect the negro. But it was not so limited in tetrms, for, in- deed, it's language embraces every per- son. And while that amendment remains a part of the constitution. the federal courts have jurisdiction to pass upon tne question whether given statute does or does not violate the fourteenth amend ment.
 Better Quality of Laws.
 While this is so. it seems to me that courts. both federal and state. should always bear in mind that comity which has thus far enabled the dual jurisdic- tions to work together so harmoniously for the public good. And, further, that care should be taken that the procedure shall evince that deliberation that doth so become a judge at all times, and es- pecally when the object of an action is to declare void the deliberate act of the legislative department of a state govern ment. I have in mind an action in which application was made for injunction but before franting It, counsel representing the state, as well as those representing the plaintiff were heard fully. The judge wrote his opinion and then granted an injunction upon conditions that would safeguard to the last penny every person interested. The right to grant an in junction under such circumstances can
  ing, or an ex parte application, an in junction which refuses effect to a statute can and should be questioned.
 And we shall give more attention to statute psaking. We shall have less of it, put that which we do have will be of better quality It will not attempt to cover the common law field. It will sup plement the common law, substituting new rule for the old occasionally and providing reasonable regulations for it's citizens and it's corporate creations What method will be adopted by which the necessity and efficacy of a proposed stat ute shall be determined before it's pass age, cannot be safely predicted. But that 1t would be wise to have it first passed upon after argument by tribunal the equal of the best appellate courts in this country, seems to me very clear. Then would our statute law be developed with wisdom and caution, instead of being ground out from a legislative hopper at the rate of five hundred laws a month. as has been done in more than one state this year.
 You cannot move legislators cpazed with ambition. But the people can, and will do so when they fully understand the situation. And we need never fear they will not understand it after time. But the people should be informed now. Do not forget, however, that If you at- tempt it. you will be denounced by the demagogue and cartooned by the yellow press fate which has come to the few who have appealed to reason and to jus tice These tactics have enforced silence upon many whose hearts have prompted them to point out the danger of govern ment by passion. But they cannot keep silent the earnest lawyers of this country for a minute after they have determined that duty calls them to speak out God grant that the hour of that determina- ion is at hand.