The Montgomery advertiser., 1907-12-05
JUDGE JONES WILLING
 TO ASSIST. IN RELOCATION
But Will Not Permit Violations of
 His Order.
If Informed Beforehand of Arranged Arrests VIII Fix Just Enough Penalty to Raise Question
 -Al Interested Agree
 on Arrangements.
cd Beforehand of Arranged

States attorneys in the famous rail- road litigation may not. after all, ask for writ of prohibition in the United States Supreme Court to question only the jurisdiction of Judge Thomas G. Jones' At a conference of the States attorneys held yesterday the question was brought up as to whether or not the Supreme Court or the Circuit Court of Appeals would grant this writ. 1t being the general opinion that 1t would not under the practices of these tribu- nals.
 A writ of prohibition Is only granted where there is no other remedy for the existing cause, and it was pointed out by one of the States attorneys that the Circuit Court would undoubtedly decide that the remedy in this case was to bring the appeals up in regular form, first going before the Federal Court here with the objections. This means that the State will either go into the hearing on January 6, or will file ob- jections before that time and ask tm- mediate adjudication.
 It became known yesterday that Judge Jones expressed himself In no un- certain terms at the conference held State and the various railroads interest ed in the case. This conference was held for the purpose of agreeing on some method for speeding the test of the action taken by the Federal Court in issuing temporary restraining or ders.
 Will Not Tolerate Raids.
 Judge Jones stated In that meeting that while he had no doubt whatever as to the preliminary in5unctions Issued ! in the several cases. he would do all that he could to help counsel to make a test case, but he was emphatic in saying that he would not tolerate any raid upon railroad employees and ofii- cials or any arrests.
 Hs declared that wherever this Is at tcil3,ted he will administer the severest l<lW of punishment. He said that he rehrded such violations of the orders ofIthe court as attacks upon the Con- sttution and upon the constituted au- tl1sifies. He stated, however, that if he we're notified in advance that it was desired to make one or two arrests for the purpose of making q test case he would only impose such penalty upon the officer making the arrest as would be necessary to raise the question.
 There was not the slightest objection to this on the part of any of the parties to the conference to letting the matter go over until the date suggested, Jam uary 6, and it was understood that at that time the attorneys for the State WOulu DO dt AtDClty tO HiHhO duJ lIiO- tions that they might desire to bring out the contentious of their case and to make a test case.
 May Be Arrests.
 At the time that the case is called there will be no limit to the time al- lowed for the trial of the causes at is- sue. Judge Jones said that he had ex- presly set aside all other cases on the docket so that this matter could be finally decided
 The first step to be taken by the State will, perhaps, be to notify Judge Jones of a test case, and then arrest an official or two of the roads now vio- lating the provisions of the railroad code. In this event the person arrest ed will suffer no inconvenience, as bond will promptly be furnished and Judge Jones will assess small fine. to raise the question of Jurisdiction. In this manner the case can be appealed through the regular channels to the United States Circuit Court of Appeals. and even to the United States Supreme Court.