The Montgomery advertiser., 1907-12-02
Letters to The Editor
A. to Restraining orders.

 was made of the Texas and Nebraska cases where everybody was enJoined. One case seems to have been overlook a this teHnsh amss it sss Rght Ds dispute srew up In South Carolina about the taxes of the South Carolina Railway Com pany. A bill in equity was filed in the United States Court there against the i'treasurers and sheriffs. eighteen in humber through whose counties the road ran. It alleged that they were epout to issue tax execution, and seize the property for taxes. which for vari- ous reason. were alleged to be uncon- stttutfonal; that the seizure of the road would .. cause irreparable injury and the business of the road as common carrier: that the defendant had no adequate remedy at law. and multi plicity of suits would be necessary to protect its rights if sued at law" ' Shortly afterwards the court issued a preliminary injunction. and the de- fendants answered and testimony was being taken iooa, for final hearing in in February, 1893, Sheriff Tyler, of Aiken County, chained up fourteen freight cars belonging to the railroad company, effectively stopped traffic through that depot for a period of twelve days: Tyler was attached for contempt and imprisoned. He went before the a release on habeas corpus.
 Here is what he set up in the supreme Court:
 l. That the injunction proceeding effect of the injunction was to tie up the State from executing its own laws. 2. That the taxpayer had an ample
 tSe by e tbs M Jaw ! Court imprisoning him was illegal and .Hoid.
 3. That to fine and imgrison him valid laws of South Carolina is to deny the, authority of the State itself. and make 1t impossible for the State to execute It's laws by its agents except. under penalties which the United States functions of the State itself" The case was argued for Tyler by John Randolph Tucker. one of ,th the e Supreme Court of the United states made short work of the defence. It said .as 1t has always said in this class of cases whether or not the partieg1iiaff is for the Circuit Court to determine 1 in the first instance, and its action can not be treated as 8 nullity." The court a suit against the State, and said: We ought to add that in our judg 1 ment 1t is not obnoxious to the objec.-. l ton of being suit against the State: ' It lreiterated Mir. Justice Lamar's devfsion in Pennoyer vs. Mcconaughey. 40 U. s. 1, and reannounced the gen 1 eral doctrine declared by Chief Jus tice Marshall in osborn vs: The Bank. that the Circuit Courts of the United States will restrain state offider from executing an unconstitutional statute of the State. when to execute it would of the complainant that had been | guaranteed by the Constitution. and would do irreparable damage and in jury to him" It further stated to that extent Osborn ys. The Bank had never
 The unanimous opinion of the court ended with this statement The con duct of the sheriff was not to be of full power to vindicate it's dignity and to compel respect to It's mandate. | Its action to that end Is not subject I to review upon. this application. The | denied"
 The case is reported in re Tyler, 14s U. S. 1894. Those who advise anybody to defy these orders. are pretty much like the fellows at the outbreak of the war 1 who howled for war and boasted they would drink all the bloods that would be shed" When fight came on they followed the advice suffered.
 Some of The Rumors Anoat. Editor The Advertiser:
 All sorts of rumors are afloat about divisions among the Governors law yers. It Is said that some of them advised him from the beginning that the rate litigation really involved only matters of fact. and that the only for trial as soon as practicable, and there was no use in trying to pass laws to keep the case out of the yers are said to be sore because the Governor went back on theI laws they | first advised and passed att the earlier part of the session. They fSlt they had and they could not change the facts. The change of front on the part of the Governor left them to bear the brunt of the criticism, that they did not know how to draw proper laws.
 All the Governors lawyers recognize that they owe duties to the peoplesof Alabama. as well as the Governor and that they would suffer in reputation counsel. It Is known that some of them are very averse to being held responsible for foolish bills like that which endangers the Safety of men, women and children in taking passage in crowded depots, by forbidding gates and fences if the railroads did not put the statutory rates into effect. Some Of these lawyers, 1t is known. do not relish the thought of being chargable with such outrageous legislation. which adds nothing to the strength of the laws, and invites destruction to life and limb of passengers in all of our | large cities.
 Judge Walkers connection with the Nashville. Chattanooga and St. Louis Railway Company has existed tor | months. while he has been acting as counsel for the Governor, and at this | late day. it is hardly the reason for his reported retirement. It is not believed that many of the Governors counsel have advised that he could make fish of | one. and fowl of the other" as has lately been done. because one road stayed in the courts, and the other agreed to quit Some, at least, of the ! Governors counsel no doubt feel that | 1t is reflection on a lawyers capacity l for him to advice that such thing can be constitutionally done.
 In Hurting Alabama.
 Editor The Advertiser:
 sank deeper into the hearts of the | people than Alabama Needs Rest and | Peace. How much harm Is done every l day by sensational press reports that l the authorities of the State are in con l ference to openly defy the laws of the United States Tine very thought of such thing ca uses distress and arouses the fears os men.
 It is simply dsannable In such times as these. when litigation about rat- 1 being investigated in the courts, that an attempt is made to arouse Tn the | popular mind opposition to that mode l of settlement If men cannot go into the courts of the country to settle dis puted property rights 1t is the end or all law and civilization. We will soon be remittcd to primitive conditions or | the SaVagerV.
 The cases will have to be decided in the courts, and what is the use, or the