The Montgomery advertiser., 1907-08-25
REPLIES TO
 MIR. F0RAKER Senator Johnston Takes
 States Part.
  COURTS TO SETTLE ISSUES Says Foraker Has Been Incorrectly Advised. AIabama's Junior Senator Says There Is No Physical Obstruction To Any Process of the Federal

Birmingham. Aug. 24-(Special.)- United States Senator Joseph F. John ston has given out an interview in re- ply to the statements made by Senator Foraker, of Ohio, in regard to the rail- road regulation laws being enforced in Southern States. The Ohio Senator made some very hard and sarcastic statements Senator Johnston came back at the Ohioan in a very strong but dig nified manner.
 When seen, Senator Johnston said | that he had many friends in the East and North, who would give attention to | a statement he made in refutation to | the charges made by Senator Foraker. Financial folks in the East have | read the statements of Senator For aker" he said, and am sure that they | will listen to a statement made by a man on the scene. My son, who has been in the East, writes me that he has been asked questions concerning mat | ters contained in Senator Foraker's s speeches in Kentucky and other places"
 The interview of Senator Johnston. given out today. Is as follows:
 T regret to see, through the Asso- | ciated Press, Senator Foraker of Ohio, attacking the attitude of Alabama In respect to the enforcement of it's State | laws am sure that the Senator has not been correctly advised as to the situation here.
 There Is no one in Alabama, from | the Governor down. who Is defying the | lawful authority of the United States; no one failing to recognize the para mount authority of the Federal gov | ernment in respect to the powers con | ferred upon 1t by the constitution There is no physical obstruction to any process of any Federal court. The State authorities are asserting the right | of the State to 1egislate with respect | to its internal and domestic affairs in an orderly and legal way, in the courts and do not contemplate any other method of resistance. |, whenever any Federal question Il | pronounced upon by the Suprem | Court of the United States the de | cision will be cheerful1y acquiesced Il | by the State. it's authorities and -peo l pie. There is no rebellion. no insur | rection, no armed military paradini
 our streets. The people are pursuinl | their usual avocations; our State l | prospering and rapidly developing; tn
 gospel of peace still heard in our pull | pits, and there is as great securlt | for life, liberty and property here | in Ohio. We are not even distresse
 with party dissensions in Alabama. Tn | kindly relations existing here was de | monstrated in the recent election O 1 United States senator when every vot
 cast In the Legislature, Republica
 as we'll as Democrat. was cast for tn
 same man, When Senator Foraker ca | make such a showing for Ohio we vii
 be glad to have the benefit of his fur
 ther criticisms.
 '"The issues between the railroad
 and the States authorities are bein
 discussed in the courts. and will ther
 be determined. The main question
 issue is whether the passenger an
 freight rates fixed by legislative act
 will give the railroads fair retur
 on their invested capital. Up to thi
 time there has been no denial by tn
 State authorities of the jurisdiction O
 the Federal court to determine thi
 question as against the attorney gen
 eral and railroad commission; the so
 licitors and sheriffs who have als
 been restrained are denying, "in thei
 answers. that they are proper partie
 defendent or can be drawn into tn
 controversy.
 There is some criticism of the ac
 tion of the court in suspending th
 operation of these statutes pending tn
 ascertainment of the fact that the
 are unconstitutional; and the fact ths | more than half the railroads Gin mile
 age) within the State, have accepte
 these laws and are putting them int | operation, asking no restraining order
 until final hearing, certainly tends t
 show that the rates are not ruinou
 or confiscatory.
 What is revolutionary in all thi
 action? I am sure that if the Gov
 ernor and Legislature were show
 that the rates fixed would prevent
 fair return on their capital to the rail
 roads no process of any court woul
 have to be invoked to secure a repea
 of the acts"