The Birmingham age-herald., 1907-08-25
Alabama Senator Says Rebellion Against Federal Courts Far
 from States Purpose
ALABAMA IS FREE FROM
 POLITICAL DISSENSI0NS
He Says the Issues Between the Rail- roads and State Authorities Are In the Courts and Will Be
 Settled There.

In a terse reply to the insinustions flung al Alabama by Senator Foraker of Ohio, which were uttered at Georgetown, O., the other day, United States Senator Jo- seph F. Johnston. Alabama's newly elect ed representative, refutes the charges, and makes it plain that rebellion is far from the purpose of the states officials.
 The senator defends the action of the officials in the difficulty with Judge Jones over the Louisville and Nashville injunc- tion, and states that Alabama is not in the slightest distressed with political dis sensions. Here are his words:
 ''I regret to see through the Associated 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 paramount au- thority of the federal government in re- spect to the powers conferred upon it 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 legislate with respect to it's inter- nal and domestic affairs in an orderly and legal way in the courts, and do not con template any other method of resistance.
 Whenever any federal question Is pro- nounced upon by the supreme court of the United States the decision will be cheerfully acquiesced in by the state it's authorities and people. There is no re- bellion, no armed military parading our streets. The people are pursuing their usual avocations; our state is prospering and rapidly developing; the gospel of peace still heard in our pulpts, and there is as great security for life, liberty and property here as in Ohio. We are not even distressed with party dissensions in Alabama. The kindly relations existing here was demonstrated in the recent cleo tion of United States senator when every vote cast in the legislature, republican as well as democrat, was cast for the same man. When Senator Foraker can make such a showing for Ohio we will be glad to have the benefit of his further crti- eisms.
 The issues between the railroads and the states authorities are being dis cussed in the courts, and will there be determined. The main question at issue is whether the passenger and freight rates fixed by legislative acts will give the railroads fair return on their in- vested capital. Up to this time tn ere has been no denial by the state auth or ities of the Jurisdiction of the federal court to determine this question .. against the attorney general and rail- road commission; the solicitors and sheriffs who have also been restained are denying in their answers, that they are proper parties defendant or can De drawn into the controversy.
 9Th ere is some criticism of the action of the court in suspending the opera tion of these statutes pending the as- certainment of the fact that they are unconstitutional; and the fact that more than half the railroads Gin mileage) within the state, have accepted tn ese laws and are putting tn em into opera tion, asking no restraining order, until final hearing, certainly tends to show that the rates are not ruinous or con fscatory.
 What is revolutionary in all this ac- tion? I am sure that If the governor and legislature were shown that the rates fixed would prevent a fair retrun on their capital to the railroads no process of any court would have to be invoked to secure a repeal of the acts.'