The Birmingham age-herald., 1907-12-03
Cited to Appear Before Judge Thomas t. Jones to An-
 sWer the Charge
MARSHAL CLAIMS THAT
 HE THREATENED ARREST
It Is Said the Circuit Solicitor De- clined at Once to Accept Service of Courts Railroad Re-
 straining Order.
BY HERvEY W. LAIRD.

BY HERVEY w. LAIRD.
 Montgomery, December 2.-(Special) Henry B. Stegall solicitor of the third circuit, with residence at Ozark, has been ci<ed to appear before Thomas G. Jones, judge of the United States court for the middle district, sitting in the railroad injunction cases. as judge of the fifth circuit, and show cause why he should not be adjudged in contempt of that court, it being alleged by Deputy Marshal William Puam that MT Ste gall threatened to have him arrested when he went to his office to serve the orders of the court in the railroad in- junction petitions.
 MT. Stegall is ordered to appear next Thursday at Montgomery and show cause why he should not be adjudged guilty of, contempt for his alleged misbe- h2vior toward said deputy marshal, as set forth in his affidavit" The clerk of the court has issued the order and the districs attorney is called upon to prose- cute the case. In the order it is said that it seems to the court that, unex- plained, a prima facie case is shown of criminal contempt of the authority of the court
 Deputy Marshal Pullam makes afh- davit that when he went to serve the or ders at Ozark he called upon and was received courteouSly by the clerk, who accepted and acknowledged service. He then asked that he be introduced to Mir. Stegall. which was done by the clerk. the solicitor being found in the office of the probate judge. q said to the so- lcitor," said MT. Pulliam, T have paper I want to serve on you, and Ste g,-ll replied: No, I will not accept it. Thereupon the solicitor said to me: The sheriff wants to see you and address ing me further. either said, I am going to have him arrest you.' or he is going to arrest you or words to that effect" Mfr Pulliam then testifies that some friends of MT. Stegall told him to go on and accept the service, which he did. The deputy thanked the solicitor and marked his papers served. After that he me back to Montgomery and reported tl.s incident to Marshal Judkins. who in turn made report to the court, following which the affidavit was made out of ! licb the order of today came. An or ficer left here this afternoon and serv- ice will be had on Solicitor Stegan J tomorrow at noon. He will answer. if he obeys the order. which he is expected to do without question, on Thursday at noon.
 The Orders in Question.
 The orders had by Officer Pulliam, and which are said to have been received with derision by Solicitor Stegall, were those issued last week by Judge Jones restraining the state from putting into effect the new rate laws on the Central yof Georgia railway, such being allowed \ on petition of the Central Trust company v of New York holders of the second mort gages of the road. They restrain solicit prs, clerks, sheriffs and all citizens from in any way attempting to enforce the laws or any of the penalty acts. MT. Stegall was one of the officers restrained and it is taken by the court that he meant to indicate that he did not intend to accept service, or if he did, to show what he thought about it.
 It is not believed by the friends of MT. Stegall in this part of the state that it was his intention to cast any dsoredit upon the court to place himself in con tempt of its orders. He is an intense friend of Governor Conner and helped, as a member of the legislature, to pass the laws enacted at the early sessions of the year. His friends believe that he will so impress the court and all others when he answers to the rule that has been served upon him next Thursday. He is one of the most popular fellows in the state. On the resignation of So- lcitor Sanford last summer he was ap- pointed to the place he now holds by Governor Conner
 As member of the lower house MT. Stegall made a great record for valiant service. He was one of the leaders for the administration and was faithful and hard-worklng. He missed being speaker by an accident. He had made many friends and had often occupied the chair. When Speaker Martin became i'll with
 
 of his friends to have made him speaker pro tenn. However. he was called out that day and MT Marmichael was called to the chair. being also one of the popu- lar men of the house. When MT. Martin died Mir Carmichael became the speaker. fl would doubtless have been Mir StegaIl if he hadebeen there to accept the tenn porary call to the chair.
 MT. Stegall will be held, if found to he guilty, in violation of section 725 of the revised statutes, giving the court power to punish at discretion for con- tempt, either by fine or Imprisonment: section 5399, for punishment of any who may by threat or otherwise. impede an officer in the discharge of his duty The penalty in the last Is not more than s500 fine and six months Imprisonment, or both.
 The order issued by Judge Jones is as follows
 The Order of the Judge.
 In the Circuit Court of the United States,
 for the Middle District of Alabama
 The United States of America ys. H. B. Steagall.
 On consideration of the report of the ]. ntted States marshal and the affidavit of Deputy Marshal William Pulliam as to the conduct of H. B. Stegail toward tr deputy marshal. while the latter was acting in the discharge of his duty, in the service of the process and orders of this court upon said Stegall, a party to tue suit, which orders process re.erred to and made part of said affidavit, it seems to the court that, unexplained, prima facie case is shown of criminal contempt of the authority of the court
 It Is thereupon considered and ordered by the court that the clerk of the court 5~sue a rule in the name of the United States of America against H. B. Stegall, commanding him to appear before the circuit court of the United States for the middle district of Alabama, at Mont gomery Ala. on Thursday the 5th day of December. 1907, at 10 o'clock a. m., il en and there to show cause why he should not be adjudged guilty of con tempt for his alleged misbehavior toward SaIi deputy marshal as set forth in his bfA6ey1t. and that the United states at- borney for the middle district appear and