The Montgomery advertiser., 1907-08-25

ooursaI ,r this. matter was in no sense to he considered, nor did we desire "a he understood as Tehecting, or as eV- Idapclnp A want of consideration TOT the Court or the presiding Juoss' IVY IVY
 at this time the Attorney General aoss not appear for the sherifs ana solc. tors. Acting under the discretloH ail~ ontion given the Railroad Commission Hhom ' as Attorney General with the asqociate counsel for the State repre- sart as we think with the option tc onnear here at this date accordlhs " oi,r desire or judgment in the matter, va concluded that 1t was our oesn
 not to appear here on this occasion anu .s my presence here Is only to slxe s
 nas,,ra my a1ca that I have given. In re- gard to our action, we consider . sSo@icaI do not know whether your tTonor would consider 1t unpreceoenteu' ss, as far as my Knowledge Is con. eerned If the States Attorney Sehsi ai ana associate counsel were eXpecteu eo argue the question before the court think we should have been siNen 4',Jty to do so before an opinion Sgas delivered and published and sent o,t in namphlet form We consider the+ that opinion, which was issued py inc court some two or three days al'el the restraining order was hhaiIty 5 o. the mart of this court ana we cohsIue. c if ntterly futile on our part 10 aPpeal here on this occasion, ana lhe pu.S ,s,,o nS r,,, annearance Is to give the assu- rarcA that our action should not oe considered as a reflection on or want oi courtesy to the presiding Judse'
 The Court am very glad to recelve ,hat assurance. and the court thlhks if proper to say this: Ihe llele IS' inc court in granting that restra'ii-ne order necessarily was decision. o"
 
 casa so far as the court understahu,s them. and the opinion does not spe"H It any more than the acts of the coui '' A was A question supposed to De or eho pencv. There was no opportuhi'S have counsel appear and argue, sn. an while I reciprocate the pro gun t;1e FaoIIres of respect for counsel TOT 'ue stste and everybody knows haHo them think it is proper to say that t wore ways than one in the progress of tbis case the court has almost "P DaoIad for argument. l am not Dlail- inc counsel for the course they t' tooH' bnf the court could not get argument and 1t does not seem' 1nuer nsIdered .m c,Imstances, that 1t could be consluete9 oh4aotIona able in a case of this Khu S,-ben tbe court had acted. for the court to eIve reasons for it's actions Ine court would have been very glad IL | there was an error-and am conselo"S ,1 that a presiding judge can err as weii os onvbody else-to have heard arBu- n1ant to convince the court that 1t was wrong in It's decision But as 1t .os IS, . we mS have seen solicitors who appeared ana all answered. ,...ta. o4
 Colonel stone-A large numoer oi them have but not all. ,.,t.n- MT. Smith-Some of them are "i'"- | out the jurisdiction. .,uh+ if
 The Court-They have rignt, they do not choose to answer to io' the matter go by default. .....,.,. MT. smith-It would be inconvenlen' to me personally to postpone this mat nat | tor Other matters connected with tI,ls 'anaroI litigation are set for about the Srst of october. I have number or other engagements about that time; and nave wanted to get off, and have n,aSe mv arrangements to do so. We have about seventy-hve of these de- Tendants here. I do not know what +ha attitude of the other seventy-tour is hut I presume we may have appl- 1 cations from one and all of them ] They have had notice for about ten