The Birmingham age-herald., 1907-08-17
M QUEEN WANTS
 TEST CASES MADE
Settle the Railroad Controversy
 Without Physical Conflict
CARRY II THROUGH COURTS
No One Wants to See Endless Arrests and Discharges and Rearrests, Which Will Cause Great
 Inconvenience.
To the Editor of The Age-Herald

To the Editor of The Age-Herald.
 In View of very recent events arising out of the legislation of the state af- feeting railroad passenger and freight rates, conflict between the federal and state authorities seems imminent Apart from the merits of the controversy. I take 1t that every good citizen of Alabama de- sires that such conflict should be avoid ed, If that result can be reached without either party to the controversy waiving any rights without reflection on the dignity of the state of the federal court l have a suggestion to make which, if fol- lowed. would avoid any unseemly clash between the state and the federal au- thorities, namely: That one or more test cases be arranged for in such manner and upon such terms as will raise square ly all conflicting questions, with pro vision that these cases shall be promptly submitted to the trial court in each case. anu with all possible speed carried through to final determination by the court of last resort 1 make no suggestion as to details which should be arranged by the parties directly interested But surely there ought to be and must be way to settle the law, without any actual physical conflict between the state and federal authorities and from every standpoint such an arrangement seems de- sirable.
 If one or more arrests need to be made for violation of the state laws In eontro- versy, let that cause be taken by agree ment between the governor and Mr NJ. II Smith Of the Louisville and Nashville road. and the courts and the procedure likewise be agreed
 This Is not a question for politics or prejudice to get into We all want to obey the law, when we know what the law is If the law is unsettled. let us settle 1t in the quickest and best way in Inc interests of all the people, regardless of politics, or selfish interests. So far as l am concerned, I intend to do my duty as outlined in my interview in the local papers yesterday If called on l shall use every effort to enforce the state criminal laws. re- garding freight and passenger rates and take it that solicitors and sherffs of the state will do likewise
 But Is it necessary to bring about wholesale arrests of railroad agents. wholesale discharges of these agents by the federal court wholesale arrests of state officials and their fine and im- prisonment by the federal court for con tempt, and possibly the employment of troops to restore order and maintain the orderly course of justice?
 All good citizens must say no 10 this. Let US then. test this question of the right and power of federal judges 10 hold up and suspend the operation of the laws of a soverign state by somo orderly judicial method and by agree ment.
 feel confident that in this way the states authority and jurisdiction to make an enforce it's own laws regarding these foreign corporations will be sustained and then the peace and dignity of the state be upheld.
 JOHN MQUEEN Solicitor Circuit Court of Jefferson
 County.
 Birmingham August 16. 1907.