The Montgomery advertiser., 1907-11-25

nronertv in America to test the reason ableness of .he rate proposed
 The Euual Protection of the Law.
 The Constitution of the United States, and of your own state which every member of the legislature has taken an oath to obey provsdes tnst eners law for every citizen. and 1t has been held that corporation Is q citizen within the protection eof that instru- mentY and vet I am. told. that some members go ahead and pledge the Governor that they will vote for any bill that he proposes on this subject. square deal when in order to test the reasonabieness of these rates they are subtect to . penalty of any sum the iury may assess and which at only one thousand dollars in each case would amount on one railroad. on one Item to exceeding two billion dollars per anr,tm. And that is only civil penal ties, the criminal penalties are twice that much more.
 Now. my friends. these bills provide that the fact that a railroad compora- ton is in good faith. honestly test ing--r will strike out the word honestly in order to quote the statute exactly--the fact that railroad cor poration, company or individual. con trolling or owning the same is testing the reasonableness of the rate in q court of competent juricdiction. shall be no defense to the penalties sought to be imposed. and they shall tell us that this Is demanded by the Demo- cratic platform of 1906
 eP1atform of 1908.
 Now, am not only a States Right Democrat, but an a platform Demo- scrat, and I stand on the Democratic platform. and I read before commit tee of the Legislature on last Satur- day, the platform of the Democratic party, which pledged the faith and the honor of the party that no such oiii should become law, and l promise to read you now from the platform or the Democratic party. The fifth sup division, which is the first one wnicn undertakes to deal with the subject of freight rates, and upon which foun- dation rests all the balance of the SUI perstructure of this platform, IS as follows: We recognize that railroads and public service competitions are en- titled to just returns from their Tn vestments fin this State. provided ex. tortionate rates are not requireo oi our people. In all their iesitima.e n, terests such corporations are entftied to protection by law." That IS what it states. not by the grace of Rafi- road Commission hereafter to De as- senibled, if perchance they see nt .o do it. but by the law of the ianu' Again, itJ says: We recognize the right of all corporations. which con form to our laws. to do business m this State; heir rights and privileges will be protected In the same niss .s,ate as the rights and privileges Of private citizens and private corporations anu we pledge the faith of the Democratic marty of Alabama to the full protec- tion of all cofporations in the proper ,axercise of their lawful functions
 There Is the platform of the Demo- cratic party, and the Governor or our State in the opening of his campaisn for the nomination for Governor <ls l1 Ste sreach made at Tuscaioosa. U of which | am informed more than 100000 conies were printed and distributed througout the State. himself declared in terms that cannot be misunderstood, r that the raiIroads were ent1ied to that privilege. andI will read you out Y of the Governors own mouth the proot of the assertion which make. He says. q do not mean to impugn my associates. simply mean that their lanvironmsnts put them on the rail- roads" I suppose he meant to say the .'side". or the railroads, probably a typographical error--'they were there. and notwithstanding they may nave thought themselves fair in their rulings for the railroads, yet 1t was a great sacrifice of the peoples inter ests From the decision of the court there is no appeal in Alabama except to the ballot. there is no court inas yo, can. carry it to; if the case had been decided against the railroads they could have carried it to all the courts Of the land. I will say to you in all candor that am not working for a commission made rate; l am working for a low made rate; working for rate that the courts of Alabama will pass upon, and in the great mai ity of this fight that Is where It IS go- ing to end-at the bar of the courts and allFof this talk about the unrea- Condolences to the railroads. Of low ering their rates Is superficial; Tor as stated. this question must go for nnal a adiudica fton to the courts of the State, ana they are fair. So you lsee 1t IS not nreiudice. but it is equity of the law that we want. will call upon all the lawyers if that is not reasonable ana right" |, tbat was reasonable and right when he was going before the people of the State asking your suffrages. asking that he he honored with this high com n,ission. and these are his very words' |, .tt was ..reasonable and right" then that the railroads should have the right to deteru.ine this question Tn fair. free and impartial manner m tue courts of this country<I ask you why is 1t not right todayT
 Unfust DenuneiatiOn of Judge Jones.
 I understand it has been asserted Tn the Senate today. alth ough l did not hear it--I was engaged. l think. m better business; was trying to per- feet some of the bills. to rob them or some of their injustice at the time that that speech making was proceed ing-I understand that a Judge of the Federal Court. a citizen of your State, a brave Confederate soldier. an hon- est man, has been assalled and de- nounced on the floor of the Senate be- cause he issued preliminary injunc- ton suspending these rates pending a final hearing. understand that this is sof
 understand that the Governor. in his message. denounces that Judge in effect, if not in name. because he did dare to suspend these rates pending a final adjudication, and my friends. was surprised that any lawyer, to say nothing of any citizen, should de- nounce a Judge undert the circum- stances which surround that case. When the question of whether re- straining order should issue, the at- torney representing the,- State, as good and honest men as there arc within its borders. having examined the bills. said to the court that they would not resist the granting of the restraining order. and they asked for time in which to file an answer. Now