The Montgomery advertiser., 1907-08-10

age by a preliminary injunction In a suit concerning rate regulation, while 1t must freely grant 1t under like CIT cumstances to all other suitors in ike cases. If 1t did that. 1t would not ad- minister justice without respect to per- sons, but would tear down and shatter justice itself. The fact that rate Is inovlved does not absolve the courts from obedience to the Constitu- tion or deprive a suitor of right It gives him.
 It is passing strange indeed, that in order to deprive this suitor or ms rights in court. a novel doctrine IS preached among the people, that no order of the inferior court. whether Federal or State, ought to be obeyed by local authorities, until the highest court of appeal has finally passed upon the right. Such a doctrine wipes out ana destroys the inferior courts and strikes down the jurisdiction which the Con stitution gives them.
 .To say that they shall not exercise such jurisdiction in such eases. but should act as mere referees TOT the preparation of cases when the Supreme Court is ready to try them, is to de- clare that no legislation, no matter how destructive to the rights and lio- critics of the citizens, shall be arrested in any court until the citizen has been ruined, 1t may be, while the unconsti-- tutional law is being enforced pending & decision of the higher court. IL would make the legislative power, in spite or the limitation in the Constitution, the absolute master of the liberty ana property of the citizen during the long delay requisite to get the decision or the highest tribunal.
 Passion is Dangerous.
 Let not the unheeding and unrenect- ing think that the passions sought to be aroused against the Federal court for discharging a plain duty under the Constitution, can stop at those courts Their influence will be felt long after this case has passed away, and bear down the power of State tribunals also for A State tribunal under the facts or this case. if resort had been made to IL. would have been compelled to make the orders which this Court did.
 sThe Constitution of the United States and its laws fix the duties or us judges. They are rightly here' moraiy and legally, with as full support Of the naonIe as the State tribunals. It Is a calumnv to state, as has been frequent Iv done of late, that these courts are lass tender than the State courts or the rights of the people, or prone 10 un- Lindness or reckless disregard or the rights of the State or private lndlVld- uals. .,a.o,,
 .sNo one who has recalled the history of our country, need De tolo thd' tne Federal Judiciary has always been the h,,IvarL of the rights of the citizens of the United States under the Constl- tuition and laws, and has stood for them unfitnchingly against Presidents, con eresses and States. They nave stoou against martial law and irresponslole mower. annulled acts of congress anu States alike, and held with steady mana a just balance of power between Ine rights of the State ana the lsn'e the United States.
 Federal Judges Faithful.
 .Tn nearlv century which has olansed since the admission of Alabama into the Union, save In one prleI pc riod horn of the calamities and pas siors of the war, none of the dead wno have held the office of Federal Juose III Alabama, have ever oppressed us peo- n1e ar invaded their rights. They may have erred, as all men err ,tr,a aJeIitv to duty, devotion to principle readiness to maintain 1t at any sacrf eca and tender regard for the welfare of tho neople, they have been an honor n inc State and country, and the peers of Inc foremost of their brethren upon the state bench. 5
 "In the face of misconstructlon anu assault for doing my plain duty III tbese cases, I may be pardoned Tor say ine that my devotion to my state neeos .n 1roof I have frequently shed my hIood in defense of It's rights In war a1,d many and many a time in peace ,tt,ad rov life for the enforcement or tts laws in times of excitement ana turonlt It's people have showereo banors mon me My home Is here: 'rba osbes of my dead are here ana bar, exnect to repose when gathered to my fathers. a +to nAonIe
 'I would be unfaithtul to the pe9piI and the high trust confded 10 me IT. did not utter these words or "arn'hS aeainst the extraordinary course wnlch hss been pursued to drive sultor Iro"i the courts. t,,o
 "Passion has been aroused among 'ne ,,,+bJnking bv the declaration that IL ts wrong for one man by preliminary In junction to defeat the will or the TsgisIature. But this Is not so, ana II if he so. 1t is not confined to the req oraI courts alone. It would be true "l avery case in which a single judge acts in n State court when he followed the Constitution rather than laW, m oe terminlng upon the rights or lDer'S oi the citizen.
 Judges Duty to Act
 "This Is a representative government, I The Legislature is but an agent or the Deonle The Judge is but an agent ol inc neonle also He Is appointed TOT inc very purpose of ascertaining ana SocIartng whether the Legislature con