The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-01-21

people OF Alabama. or those interest
ed In the railroad property, be able
to speak except In complimentary terms
Of the ability, the learning and the
prodisious industry which their reps
resentatiyes have displayed in the pre-
sentatiofig o. this case"
senator Spooner then went into
discussion of the fundamental princi-
pies Of the American government and
HIS hearers leaned gorward to catch
what he had to say.
"In the consideration of this case,
great deal hasN been urged as to
States rights. and unnecessarily" said
Senator Spooner. ''The right Of a state
ployed to so into court to argue any
thing that would deprive the State OF
any right secured to It, Our system
OF government, with its exquisite sys-
tenn Of checks and balances, as estab-
lished by our forefathers. defines to
| each kour dual system Of government,
it's rights and powers. This Govern
ment. with its division OF power. has
| been assailed in various States, once
In my State but 1t, fortunately, sur
| vived all attacks. II has come to be
| accepted by all courts that power not
| delegated to the Federal Government
| by express provision or by implication
which may not be mistaken, must not
| be invaded. 1t must be granted by all
the states and all the people that the
| Constitution Is the supreme law of the
| land.
1 Each Government has it's own prop
1 err spheres, with its own prerogatives
land powers. but the Constitution Is
| supreme. There can not be two dual
and independent Governments. II is
the duty OF the lawyers and Of the
4 -E1-
hand, the rights and privileges Of the
/ State. and, on the other, the rights and
| privileges secured to the Federal Gov
i eminent"
Senator spooner ably discussed the
| futility of law passed in violation OF
the Constitution.
1T cannot exist" he said. There
can be no violation of It. 1t was null
ami void from the first 1t was dead"
Senator Spooner referred TO de-
cision of the Supreme Court which de.
clafed that the court could not be q
refuge for any State which had vio-
lated the Constitution or the liberty OF
| the people, He alluded to the decision
OF the Supreme Court in thei white
/ case. which gave the court the oppor-
| tunity. while UNFOLDING the Constitu-
.tion. to declare that Texas had never
been out of the Union.
| Senator Spooner briefly reviewed the
/ history OF the pending case, and the
causes which brought them into being.
to show that they were brought within
the view Of the Fourteenth Amend
ment The bills allege. he said. that
| property was being taken without due
process OF law; that confiscatory rate
was being enforced under which the
/ property of the complainants would be
| taken. The bills were not denied; the
! court could have, done nothing less
than have granted the injunctions ask
| ed for.
Certain spoliation.
III those bills are true In their al
| legations, there Is an irrefutable and
| fndensible spo1iation of property. where
/ spoiiation Is forbidden by the Consti-
tuition" said Senator Spooner."
Justice he declared, demanded the
issuance of the bills--that statu quo
might be maintained. II they were
not granted. II the bills were not issued
an irreparable injury might have been
done the property of the complainants.
| The court rightly exercised the right
i OF a chancery court to prevent a wrong
and an Injustice before It was too late.
There was not. he said, single man In
Alabama who could not come into a
chancery. court where his property was
threatened and seek protection for that
property.
There has been talk that only
wealthy corporations could /do this.'
said Senator Spooner. THAT Is not
/ true. Any man, any citizen whose
property Is endangered. has the right,
to come into court as these roads have
dohe,'
The granting of the bills" he said.
decided nothing. They were granted
only that the court could stop and hear
the case--to decide II any wrong was
about to be done, as was alleged in the
bills.
Any citizen. any corporation, had the
right to so into court to have invests-
gated the assertion that property was
about to be taken without due process
of law. The makers of the ConstItu-
ton had placed some things beyond the
power of the Legislature and beyond
the power of the American Congress,
and neither the Legislature nor Con-
| e ess had the power to take away a
right conferred by the Constitution.
Senator Spooner refuted somewhat
sarcastically the charge that the court
| were manufacturing remedies" for the
/ railroads. II was not so. Chancery
court had these remedies before our
Government was formed. Our forefa-
theirs had brought them over the seas.
| In the years that were gone, there was
a time when theglawyers the judges
and the statesmen got togethe err and de-
cided that the court should have the
power-to prevent a wrong which was
about to be done.
mo they are not manufactured rem
edies," said Senator Spooner. They are
remedies that were used long ago and
were brought over the seas by our
forefathers to be embodied in our Con-
stitutton."
Senator Spooner devoted himself Ia
a discussion of the case Fits against
MceGe. in which the counsel for the
State relied so much. 1t was difficult
to understand. he said. how the rail-
road could be thrown out OF court sim
ply because the parties In the suit had