The Birmingham age-herald., 1907-08-25
CLAIMS TIE DECISION
 IS ALREADY GIVEN
Judge Jones Replies to Attorney Gen eral Garber, Explaining Why He Granted Injunction to
 Railroads.
BY HERVEY w. LAIRD.

BY HERNEY w. LAIRD.
 Montgomery. August A-(Special )-In a sensational statement made to the Uni ted States court for the middle district of Alabama today. Attorney General A. M. Garber said that he did not appear in an- swer to the application for blanket in- junction by the Louisville and Nashville for the reason that the court. in elaborate opinion, had already given its views Of the case, and to make any effort at all would. he felt. be futile. He said that this opinion had been sent in pamphlet form all over the state one of them hav- Ing reached him at his office.
 The incident arose over the effort of the Louisville and Nashville to have d blanket injunction issued, restraining the solicitors and the sheriffs of the state from indicting or prosecuting for violation of laws now restrained by the federal court. Today had been set down by Judge Thomas c. Jones of the federal court for sheriffs and solicitors to reply. also for the attorney general to make answer, the state having in sense been made party to the proceedings
 At the same time MT. Garber assured the court that he and other attorneys for the state held the court of Judge Jones in highest respect and the failure to be present was in no sense discourtesy 10 the bench. The attorney general said; That this opinion had been printed in pamphlet form and distributed through out the state and the counsel for the state considered any argument on their
 1,a if ArIx ffIfi1
 Mir. Garber Talks.
 This afternoon Attorney General Garber said:
 concerning the hearing before Judge Jones of the United States court this morning, I want it distinctly understood that when it becomes necessary, in the opnion of the state administration, for tne solicitors and sheriffs to have states counsel to appear for them in the federal court or elsewhere. provision will be made to that end.'
 Arguments showing cause why the re- strainng order issued by Judge Thomas C. Jones of the United States court, against criminal prosecutions against the Louisville and Nashville railroad on the part of the various sheriffs and solicitors of the state should not be made pen dente lite Injunction, were heard this morning in the federal court.
 The hearing which was slated to begin at 1o o'clock in the morning, was un- avoi6ablv postponed until Il o'clock. dur ing which time various attorneys were closeted with Judge Jones. There were m direct results from the nearing this morning, recess being taken shortly aiter 1o o'clock until o'clock this after noon.
 rbe chief argument of the morning was made by Gregory l.. Smith, attorney Tor the Louisville and Nashville rallroau' in which the attorney detailed al lenst LII reasons why the injunction shouid pc granted At the opening or une couf D session, Lee H. Well, attorney TOT oolioi- for Hugh S. Dent. who was also rep resented by Phil Stern answered Tor the solicitor. denying the Jurisdiction or the federal powers in the case pending upon reouest of the attorney, Judge Joles agreed to a hearing of the brief whicn the solicitor should file at some tune next week, leaving the matter or oate un settled. - hoa not haan obtained for the filing of the hr,ef desired, asking that postpone rnent of the case be made. The request was at once compiled with, Judge Jones Announcing that he would set the date very shortly.
 Garber's Statement.
 Col. Alex M. Garber, attorney general l. appeared in court and stated .hat II . had not intended to appear in court this morning until he received telepnoAe message requesting his presence ha Tba attorney general stated that ne enneared now only for the purpose or assur,np the court that the failure or the attorney general and the associa.e 2 counsel for the state to appear anu argue the case must not be construct a9 any want of respect or consloeratio,nI n,l lo. tha court or the presiding Judge. mat at thIs time the attorney general uid not annear as counsel for the solicitors and sheriffs That in exercising the us, erection granted to the attorney general and railroad commission In the sum mons served upon them, that the a'- tornev general and the counsel Tor the .tata had decided not to appear; that thev had reached this conclusion to eA- ercise this opinion because the court had. within a day or two alter grant Ing the restraining order issueo an elaborate opinion on the case peioi v rounsel for the state had been given an nnnortunttv to argue the questions ln- volyed in the case, which, so Tar HIS ne knew was unprecedented, which oplh- lon the attorney general ana counsel Tor the state considered final on the part pf the court; that this opinion had been printed in pamphlet form and distrip- uted throughout the state, and that tne counsel for the state considered any ar rument on their part at this time would De utterly futile Having made thls ,tatement, Colonel Garber asked to De .vcusad from further attendance upon be court. which request was granted by fudge Jones, and the attorney general immediately left the court room and .epaired to his office at the state capi- .ol.
 Judge Jones thanked the state attor- ,ay for inc exclamation which had been nade expressed his gratitude at having he state represented, and particularly dressed his delight at receiving the at