The Mena weekly star., 1907-08-15

montgomery, Ala, Aug. 11.--In ac eordance with the agreement made between the state and the Southern railway Friday by which the license or the latter in Alabama was rein stated. Lawyers for .tl.e Southern railway Friday appeared before Fed eral Judge Jones and secured a modi ficatlon of his injunction heretofors granted against the state restraining It from enforcing laws while litiga ton was pending. Tn modifying his order Judge Jones spoke from the bench freely and frankly concerning the principles involved He said among other things:
 Aside from the facts stated in tho petition, it is known of all men tha, complainants action is not voluntary Complainant has been made the ob pect of studied obloquy and unreason. Ing prejudice. as one of who defied the laws of the state merely because It tested in the orderly mode prescrib ed by the constitution in the courts the validity of ligislation which deep ly affects it's property rights.
 What ulterior consequences might result from bringing suit, should have been considered before it was brought but once brought abandonment, under these circumstances of material rights the law gave in the prosecution of the suit presents a transcendent issue, which aside to properly right involved, has a far reaching and evil influence upon the welfare of the people and the validity of our institu tions.
 The action of the court in consent. ing to the modification of these or ders at your request involves it in some responsibility and is liable to be misunderstood It does so, be. cause it is powerless, after your re quest to do otherwise.
 The principle involved is so vital to the welfare of our institutions and the good or the people of the stat, and of the United States that thu court feels it bounded duty to state the principles on which it has acted and to dissipate, if it can, the delu. sions and unreasoning prejudices which have been recently created con. corning the right and province of the court and the rightful place of the constitution and the laws of the United States in litigation of this kind. 10 that end a review of the proceedings heretofore had is pro. per"
 Judge Jones then proceeded to re view the case at length and said if the state laws were enforced, it would bot out the road almost as completely as if the rails were torn up and the roadbed dismantled
 ''It is passing strange indeed, that in order to deprive this suitor of his rights in court, novel doctrine is preached among the people. that no federal or state, ought to be obeyed by local authorities, until the highest court of appeals has finally passed upon the right. Such a doctrine wipes out and destroys the inferior courts and strikes down the jurisdic- tion which the constitution gives them.
 Passion has been reused among the minimizing by the declaration that it is wrong for one man by prelimin- ary injunction to defeat the will of the legislature, but this is not so, ic ay fined to the federal courts alone"
 Concluding Judge Jones said:
 "As citizen and a judge I have been pained at the threats which have filled the air to turn the guns which the United States furnishes our citizens soldiery for the protec- ton of the flag and the execution of the laws of the United States, against the officers of this court. if they at tempt to execute the process which it is the sworn duty of this court under the constitution and laws of the United States to issue in cases of this kind.
 "Corrt must believe whatever may appe~r in the press to the contrary, that 10 such thought has entered the min of any one charged with re- spo. ibility. No man need be urged to use and think what the execu tio of such threat would mean.
 Ire court would have exhausted ali the power the law gives for the execution of its process If you had insisted on the protection of its writs Under the circumstances nothing re- mains but to grant .ne order that you