The Montgomery advertiser., 1908-01-15
Court Does Not Question
 Motives. INDECENT TO cRITIUsE
 OR TO BE CRITICISED First Days Argument Brings Out Spirit of Nob.esse oblige.
 - Attorney General Garber Sought as sustain states Position in Iaiane- tioa PreceeaiAss-Judge
 Expresses Himself st
 outaet.

In an argument extending through all of yesterday on the Alabama rate cases in the Federal Court Attorney General A NJ. Garber, addressing Judge Thomss C., Jones, took occasion to say, Tt is nothing but fair and proper that I should state that this court cannot be fairly the subject of any adverse criticism or any criticism for its action on May in granting these original inJunctions under the circumstances that existed at that time"
 A crowded court room sat up and took notice at this utterance of the At torney General delivered in an even and se1f-possessed tone. It was the frst declaration of the kind that had come from State officer since the in ception of the railroad controversy. Its importance was emphasized by the number of utterances that had come from the Capitol, critielsing the Fed eral Court. and in utterances on the floor of the legislative halls of the State. as well aS on the stump.
 That Judge Jones himself had taken cognisance of public criticism of his court by the Governor in his message to the Legislature and on other occa- siong was shown in one of hts interrup- tions or the argument of Colonel Gar her yesterday. The Attorney General was setting forth. in forcible language, the position of the State in ths'pendin@ controversy.
 were passed orderly and intelliKently by the Alabama Legislature" snid thA Attorney General. We are not here to apologize for chem or explain away anything They were passed orderly and mRe aeservinR ef &1s respect of other iaws pf tlit NtaEn. Ta18 t1url ean net inquire into any motive back of these acts. fl any motives exist, for such inquiry would be fmproper.
 The court heartily agrees with you. said Judge Jones. ~The court is in- quirlng into the effect of tho laws and not into the motive behind their adop- tion. agree with you that 1t is not decent for q Judge to eriticise Gov ernor or State governments nor is il decent Ter a Governor 10 criticize the action of a Judge"
 Interest Seized all.
 At these quiet utterances of the Judge the court room sat up and gnsp- ed in its interest. Then . covert smile passed around. It was the first time that Judge Jones had ever said any, thing publicly to indicate that he had noted and observed the criticism Of hin court by Governor B B Conner in his AAg@@@ t4 C " tAtC SNCHibl4IuFE ana on OEH@ CT occasions. The crowd learned that the Judge did not think such criticism was decent" any more than he would have thought criticism by him or any other Judge of the acton Of the Cover nor was 'decent."
 Colonel Garber fin a forcefuI arxu- ment sustained the position of the state in the controversy. In defend ing the position of the State Colonel Garber divided his argument into two parts. In the first. he attacked the validity of the supplemental bille nled after tho rate Legislation in November had become effective. These supple mental bills. he said will not hold be- cause they are directed at new legis- lation. The original bitls in the rate litigation have been directed against the rate acts passed at the January session. These acts were made en- forceable by the members of the rail- road Commissian and the Attorney General. The November legisIation divested the Attorney General and the members of the Railroad Commission of all power to enforce this legialaticn. The November legislation was new matter and if attacked 1t should Do at tackled by new bills
 He eontented that the supplemental bills were improper and should not be allowed on the grpunu tiaf eney brought in new matter which compii- cated the issue and conferred no bene- fit on either party.
 A Matter of States Rlgkts.
 The basis of the Attorney Generals argument, however. was that part cf 1t which he devoted to establishing the claim that the injunction quits were in effect suits against the State, a thing impossible under the Constitu- tion He held for that reason. that the hax VRO af fa nAfnnr tF1 He relied largely upon the decision of the Supreme Court in the Fitts we. Me- Gee case, which declared that such a suit could not be brought directly or indirectly in suits against officers charged with the duty of enforcing certain laws.
 The Attorney General took up sew eral case decisions of the Supreme Court to which reference will be made by the railroad attorneys. and argued that the Supreme Court had not modi- fled of qualified tho doctrine laid down in the Fitts case.
 Colonel Garber occupied the morning and afternoon session of the court In the presentation of his argument. He had not quite completed the argument when the court adjourned. He will have an hour this morning to finish. When he is finished Sidney J. Bowie. for the railroads will open. For the railroads Megsrs Bowie, Gregory L. Smith. General George F. Harrison and Senator John c. Spooner will speak. It Is not known on what days Senator Spooner will deliver his address.
 For the state Colonel Garber. Judge weakley, Henry Selheimer and Horace will speak. The argu- ments win probably continue until Saturday.
 Tn his reference to the position ot gvs nAnntnR versey Colonel Garber said yesterday,
 What Garber Sald-
 You cannot help from encroaching A little on this question, but your