The Washington herald., 1907-08-27
A Courageous Southern Judge.

Gov. Conner. Of Alabama, has cautiously
passed on TO the legislature the business
Of coercing those interstate railroads Op-
Grating in Alabama which have not con-
-sented 10 a modification Of the Federal IN
functions restraining the enforcement Of
the State law lowering freight and pas
senger rates. The Louisville and Nash
vile has obtained from Judge Thomas G.
Jones an injunction against sheriffs. solic-
itors. and other State officials to prevent
them from interfering with the operation
Of that road. and Judge Jones in turn has
secured from Attorney General Bonaparte
assurance that the Department Of Justice
VIII back up the processes Of the Federal
court. To a delegation Of Louisville and
Nashville employees who called upon him
with reference to threats by State Off
cials that they would arrest them If they
violated the rate laws which had been
suspended by injunction. Judge Jones de-
clared that they would be fully protected
II arrested, they would be released on
writs Of habeas corpus and the State off,
GERS concerned in the arrests punished
The grand jury has been detained to
watch for overt acts Of resistance to the
process Of the court, and Instructed to
indict for violation Of its orders.
The situation Is thus promising for a
more serious clash OF Federal and State
authority than occurred In North Caro-
lima, unless the railroad company gives
way or the State authorities refrain from
their threatened prosecutions. Gov Co
mer's announcement that he will call an
extra session Of the legislature to frame
more drastic legislation unless the rail-
roads conform to the new rate laws by
October l may be taken, however, 10
mean that so far as he Is concerned he
will not undertake to contest by force the
order Of the Federal court; but, OF course.
he has no control over the action Of local
officials. some OF whom seem inclined to
brave the righteous wrath OF Judge
Jones. who in his charge TO the grand
jury declared that the whole power Of
the government will be used, If need be, to
enforce the orders Of this court and to
punish those who may defy them" Judge
Jones, in fact. has taken the animadver-
sions upon his court very much TO heart
and IN opinions from the bench and in
charges to the grand jury has ably and
incontrovertbiy defended his jurisdiction
over the matters at issue. Coming from
& native Alabamian. an ex-Confederate
soldier who served with bravery and dis
tinction, whose loyalty 10 his State can
be no more questioned than the patriotism
with which he upholds the authority OF
the national government, his lucid expla-
nations of the relation between the States
and the nation and OF the functions OF
the Federal courts ought to have a sober
ing influence upon the people OF Alabama
Judge Jones points out that II the rate
cases had been brought before a State
court the judges would have been com
PEELED 70 take precisely the same action
as he did and 70 make the identical or
ders the Federal court issued, inasmuch
as the State by statute provides for the
suspension Of a rate law by the courts
until its validity may be determined. The
equity powers exercised by the Federal
court IN the rate cases were thus in ali
respects similar TO those devolved upon
the Alabama courts by statute, and to as
sert that the injunet.ons issued By Judge