The Birmingham age-herald., 1907-08-22

 1 laws? very one knows that no man can l be published, or commit any crime, for not conforming to the provisions Of a 1 law when 1t is not in force. As long as 1 this law Is suspended, no crime can be committed against it. No court has Juris- dicton to arrest any one for It's viola l tion or to arraign him, or to try him, or | to convict him. To all intents and pur- l poses, the rate statutes after their sus- 1 pension and until that Is revoked, are as l dead letter upon our statute books as ] an act which had been repealed. It Is 1 those who seek to put these statutes In force when the law has suspended them and a court of high dignity has also en- joined them. who wrong the state, not the court.
 Service of Officers.
 No one values more highly than this court the services of that faithful corps of officers, who as solicitors, and sher- | ifs, preserve the peace, and often risk their lives in executing the laws. Like 1 others they sometimes form premature 1 opinions, and take positions which ma | turer reflection will convince them are untenable. Surely 1t was a small thing | the court required of hem when 1t or dered that arrests and prosecutions be not made under suspended and en- joined statute, which touched only property right which was being con l tested in the only mode by which 1t could be determined. and In the only court which can now try or determine the right and after that court has suspended and enjoined the operation 1 of the statute and prosecutions under 1 it. Surely no reiectlng man can say that the legislature intended, although its statute was suspended in the mode provided by its own laws, yet, never less judicial and executive officers 1 should disregard the provisions of the statute and attempt to hold as criminals persons, who are under the shelter of court of equity while the operation of the law Is stopped. Neither duty to their people nor pride in their office points out any other pathway to them 1 than observance of the law as ex- pounded by the court A defiance by l them to the order, under the circum- stances, would be emphasized by the of i ficial character of the aggressor. They above all men should set an example in their own persons of obedience to the | law.
 If these cases had been presented to either of my worthy brother judges or the state court here, they would have been compelled. under the circum- l stances to do as this court did, and to make the identical orders this court | did Would not all the world have cried out for shame. If, when tho state 1 court had taken Jurisdiction and sus- pended the enforcement of the rate laws pending final inquiry, and enjoined prosecution of suitors therein, If any l federal power, anxious to prevent suit ors from receiving the benefit of the process of the state court, and to drive l them to abandon it. should threaten them with arrest and punishment for doing the very things the state court said by It's injunction they had right to do?
 Natural Assumptions.
 The presumption Is that officers mean to do their duty. and the court will not question their motives; but the conse- ouences of their acts. when they are fraught with peril to the welfare of she people and the subversion of the consti- tuted authority of the land, court may well consider. Some of our local authori- ties seem to have the idea that when a duty Is imposed to execute the law, that the person upon whom It Is put, 1T the power of the law gives out. must supply means though no law gives them. Ihls view ignores the fundamental law of all English speaking governments, that ex- ecutive officers can only execute the law in the mode and to the extent which the law itself provides They must execute the law only as expounded by the courts in subordination to the court, and not Tn 1 defiance or IL or US OTQeTS. opsel Naheo of this plain principle will avoid the un- rest and excitement which prevails, and will increase if the orders of this court are defed Courts and officials, state and federal alike owe fealty to the constitu- ton of the United States. and this court does not doubt that 1t may confidently rely upon the state tribunals, who have always stood for all that Is best. not to undertake to try or settle by criminal le which, If conditions were reversed, and they had obtained jurisdiction, this court 1 would not dare to interfere.
 | A cold array of facts and figures, and ascertanment of many things which nteI into the question, will settle the conten- tion whether the rate statutes are valid or invalid The Issue which has now arisen concerns more vital matters than dollars and cents. It not only concerns the rights of the suitors in these cases, but the rights of citizens of the United States and other states. and the peace | and welfare of thousands of our own citi- gents who earn an honest livelihood 'n railroad service Who can contemplate, except with regret and repulson. the state of things which will enevtably arise if these orders of the court are dis- obeyed? Are to have our highways of commerce along thousands of miles of railway, blocked? Are trainmen to oe hunted down at every station and driven off. like cattle, to be incarcerated by wholesale and continuous arrests, when these honest men have done no wrong. ! have violated no law and have been as- sured by injunction issued by court of high authority, that they are in line of obedience to law and under the protec- | ton of the court? Are men, women and 1 children upon the trains to be forced to watch the spectacle of arrests at every station, when the gaping crowd watches 1 the sheriff take off an engineer or con ductor or brakeman who are under tha protectfon of the laws of the United States and in defiance of them put him in prison. under assumed color of state au- thority? How long will the spectators who witness such lawless arrests. In the passions which have been excited obey even the laws of the state? Must freight and passenger trains be left standing on the tracks while the carrier is trying to give bond for his employees! Are the lives of interstate passengers t1 be endangered by such state of things Are the mails of the country and inter state commerce to be delayed and the flag which stands behind the order of its , courts insulted by such lawless arrests
 No one would respect the American peo' pie If it's government tolerated such con- ditions on any foot of American soil long CT than was necessary 10 bring its power . upon the transgressors.
 Commands Consideration.
 Earnestly does the court commend these , considerati tions to any who may be dis .t-f. .t. +lo1 10rx an1d dafV