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

said, Tor the court was of course well
aware that the amendments to the
Constitution were as binding as its
other provisions, that the instrument
was one harmonious whole. The forces
behind the adoption Of some of the
amendments might possibly, have been
unpopular, but the integrity of the
instrument was upheld by all, and the
amendments had proven their own wis
dom. Senator Spooner paid high trib-
ute to the wisdom Of the various pro-
visions OF the Constitution. As our
forefathers fashioned them, they were
check on the corrupt currents OF life.
They were fashioned to protect the
real interests of the people against the
passions of a temporary majority.
In the wise exercise Of its powers.
Senator Spooner said, the court had
protected the rights of the shippers.
At the same time, the court had halted
the proceedings against the property of
I the complainants and IL 1t had not
granted the bills. the refusal would
have been equal to a decision against
the compliments.
sNothing has been done In this case
| that could not have been done by any
chancellor. Nothing has been done that
couldlnot have been done by any citizen
OF Alabama in any CharQery Court or In
| this court" declared senator Spooner.
l.
| against MCGEE case. Senator Spooner
| declared that under II the court had
| the right to interfere when the ofiicers
| threatened to enforce the law and the
| Jurisdiction of the court was undoubt-
| ed. 4
Temporary waves of excitement
pass. The better thought of the peo-
Die is restored. The man who has
stood fast to his duty. the man who has
lhonored his oath and who has been
| selected from corner to corner Will yet
come into his own" said Senator spoon
err. In discussing the Jurisdiction of
the court he aroused smile when ne
| said;
ITO deny the jurisdiction in this case,
| is TO take Alabama out of the Union. It
can't be done"
| Senator Spooner went into an explain
alton of the means that had been
| adopted to dodge the Jurisdiction Of the
court. What IL the difference between
the frat and the second acts?'~he ask
| ed. what has been taken away?
| what hadbeen ADDED? It has been so
little than you never get photograph
| OF It. There Is so little in 1t and so
| little out Of II that you would never
| notice the difference. And II anything
/ could possibly be more ridiculous than
another, It Is the assertion that q suit
against the railroad is a suit against
l
Towards the close of his splendid az
xument, Senator Spooner devoted HIM
| self particularly to the nature OF the
| provisions of the Alabama rate laws.
| He explained certain features which he
| held to be in conflict with the Consti-
| tuition. He asked what would have
Been the position of the railroads II
| they had not secured the injunctions.
| They would have had to have tamely
| permitted the spoliation Of their prop
erty. or been subjected to unconsti-
| tutional penalties, The Senator spoke
Respectfully of the acts of the Legisla-
ture. At no place in his argument old
| ha fail 10 do so. But there were times
when he put an apparent restraint on
| his well known powers of satire. Bu'
| he argued their NORTHUMBERLAND
without satire and irony.
His close was an eloquent peroratloh
| an the issues involved and the sreAt-
ness Of the question which VIII nave
heen settled when the case Is nhaiis
| adjudicated. 4pL. given
His last words were In thanks 49, = l
g. tba uniform courtesy with when ne
Nd heen treated since he can ~
| Montromery. The Court ao1ouInoI -
,,,ost again at Q o'clock this mornin -, /,
p r.ee today the court VIII take w
~ confederation the various oi''
tSa sffidayitsl fiied In the case.