The Montgomery advertiser., 1907-08-22

Courts and officials, State and Federal alike. owe fealty to the Constitution of the United States. and this Court does sot doubt that It may confidently rely upon the State ssfbunals whe have always stood for an that Is best. not to undertake to try or settle by criminal prosecutions, or otherwise, cases as to they had obtained Jurisdiction, this court would dare not to interfere. N
 Issue of Rates Depends on Facts.
 "A cold array of facts and figures. and ascertainment of many things tie the contention whether the rate statutes are valid or invalid. The is- sue 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 .aiti- gems who earn an honest livelihood Ntn railroad service.
 "WhU can contemplate, except with regret and repulsion, the state of things which will inevitably arise if these or ders of the court are disobeyed? Are we to have our highways of commerce along thousands of miles of railway, blocked? Are trainmen to be 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 assured by injunction issued by u court of high authority that they are in line of obedience to law and under the pro- tection of the court?
 Are men, women and children upon 4- h> ta vxrot ha spectacle of arrests at every station, while the gaping crowd watches the sheriff take off an engineer or conduc- tor, who is under the protection of the laws of the United States, and in de- hance of them puts him In prison, un- der assumed color of State authority? How long will the spectators who wit ness this, in the passions which have been excited, obey even the laws of the state7
 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 inter state passengers to be endangered by such a state of things? Are the mails of the country and interstate com merce to be delayed, and the flag which stands behind the orders of Its court, insuited by such lawless arrests9
 s.No one would respect the American people, If it's government tolerated such conditions on any foot Of Amerf- can soil longer than was necessary to bring it's power to bear upon the trans- gressors.
 ..Earnestiy does the Court commend these considerations to any who may be disposed to violate the law and defy the orders of the Court. 1t Is the Court which has been assailed. not the rights of the people. If is a time when press and pulpit and bar should stand up for the orderly observance of the law of the land and preach the doctrine that If errors are committed in It's admins tration, and the court is sure none have been committed here, the remedy Is by appeal and not by resort to brute force. Unspolxen thought influences no man. but the spoken thought forms public opinion and governs the community.
 Words of Supreme Court.
 ITO those who will not listen to req son, the Court comments consideration of this language of the Supreme Court of the United States. that, We held ii to be an uncontrovertable principle that the government of the United States may, by means of physical force. exercised through It's official agents. execute on every foot of American soil, the powers and functions that belong to 1t.
 'z' This necessarily involves the pow CT to command obedience to its laws, and hence the power to keep the peace to that extent. This power to enforce It's laws and execute its functions in all places does not derogate from the power of the state to execute Its laws at the same time in the same places. The one does not exclude the other. except where both cannot be executed at the sanns time. In that case, the words of the Constitution itself shows which is to yield.
 "aThis Constitution and all laws which have been made in pursuance thereof, shall be the supreme law of the land. Without the concurrent sov ereignty referred to- the national gov ernment would be nothing but an ad- visory government. Its executive pow CT would be absolutely nullifled.
 why do we have marshals at all, if they cannot physically lay their hands on persons and things in per formance of their proper dutiesf What functions can they perform If they cam not use force? Tn executing the pro- cesses of the court. must they call on the nearest constable for protection? Must they rely on htm to use the re- quisfte compulsion to keep the peace, while they are soliciting and entreat- ing the parties and by-standers to al- low the law to take it's course?
 S @The government must execute its powers, or 1t Is no government It must execute them on the land as well as on the sea; on things as well as per sons. and to do this 1t must pecessar- fly have power to command Obedience, preserve order and keep the peace.
 "'Let no man deceive himself The whole power of the government will be used. if needed, to enforce the or ders of this court. and to punish those who may defy them.
 " I charge you diligently to inquire and true presentment make of every offense which may be laid before you or brought to your knowledge concern- ing resistance to the process of the court or efforts to obstruct or impede the due administration of Justice in these cases.