The Birmingham age-herald., 1908-07-05

a repeal of the laws passed, it would be the worst thing thai could happen to the state.
 "Gentlemen, how can you expect to make laws to protect the people wh en you elect railroad attorneys and rep i resentatiYes to make your laws. I un- derstand that there is a design on foot by them and every railroad -environed man in the state to organize a move ment by which they can again prac- ] tically put their representatives in the lobby at the capitol and again domi- nate and fix our laws, and the eXecu tion of the same.
 Jones Criticised.
 The governor spoke with great earn estness of the action of Judge Tn omas c. Jones of the United States court in enjoining state laws. Of their status in the court he presented a report from the attorney general and associate counsel In this was shown the history of the litigation citing the roads which put in the rates, the contentious made in the arguments and the fact that they were all overruled and the injunctions made sweeping.
 The governor then proceeded to ex press in frank way his opinion of the course taken by Judge Jones. He said;
 T am a great believer in the courts in the judiciary, and I believe that every law should be observed, and I do not believe that any government, whether governor of a state of presi- dent of the United States should be ex- empted from observance of the law.
 Our respect of and obedience to the courts Is one of the just requisites of any government, but I will also add that I have never believed that any judge or judiciary is infallible, and crit icism is the only way we can attack tn 3 abuse, or supposed abuse of the courts, and it is in this light that I criticise the conduct of Judge Jones as a high judiciary officer trying these cases.
 T believe that the scope of his injunc- tions was too sweeping. I do not think that he could enjoin every citizen and every grand jury. l do not believe that he was right, when the state secured a settlement from a large part of the rail- roads, and they agreed voluntarily to abide by and carry out the law, in de- livering hectoring lecture, and practical Iy quarreling with them for withdrawing from his court and observing the laws of the state.
 q do not believe it was right for him to publish a decision when the attorney general, the solicitors and the sheriffs, were cited to appear in his court, be- fore the date set for said appearance. ] do nOt DeHeVe IL was TlBnL TOT 01lll to cite for contempt Hon. H. B. Steagall. 6 former member of the legislature, 100
 miles away from his court. for idle words spoken to deputy marshal, this citation, evidently, being intended as q far-reachng intimidation.
 When a high judge descends to coerc- ing a people, then the ermine of his cour. is being dragged in the dust No court can maintain a higher position than to ho1 bo 10 10 a confidence of all the people, and when it places itself in the position of an intimi- dator then there comes recollectons of d Swayne, a Busteed and Jeffres.
 Was Railroad Attorney.
 "It is true that Judge Jones for 25 years was an attorney for the Louisville and Nashville railroad, and it was re- ported that he was protege of MT. Milton II. Smith. It is true that years ago when he was a member of the legislature he did not believe in railroad control, and l understand voted against it. It Is true | that when he was governor he did not believe in railroad control It is true that under ordinary circumstances, with these | environments no judge of a common court would allow his name on jury list if 2 | railroad case was being tried, and 1t looks | hard to the farmindedness of the state and 1 to that equity wrich all justice demands, that he should sit in judgment on these | important cases It would perhaps be more engendering to that great respect i for justice, and for law, that all should maintain, that somebody free from rail- road environment should have tried thes 1 great cases.
 | The governor then recalled that but 1 for President Roosevelt the railroads would have reduced salaries lately; that an expressed determination of the Louis l x-ilI nd n scinded when an investigation was or l dered. Also, he said the Louisville and | Nashville has reduced no rate, but made much money by being able to cut off 10,- | GOO passes, formerly used in the state. He | continued:
 Alabama as state proposed to equal | ize the local freight and passenger rates | to those which are being maintained in the other states. The railroads went be- | fore Judge Jones and in citation of the l fourteenth amendment to the constitution | of the United States, stated that their | property was being taken without due process of law, and Judge Jones issued a most sweeping injunction, stating to every citizen of the state and every authority of the state that the freight and passen-
 ger charges of the state must stand in | absolute statue quo until after the final
 hearing of the cases. Now every citizen | of the state is held in fear of the United | States troops army and navy because fl | has been so and they cannot move a par
 ticle, and yet here are those great trusts | who get together and with the fourteenth
 amendment and due process of law hold the people tied, and proceed to raise rates
 which have prevailed for many years. The consumers of Alabama will have to pay their share of these increased charges. Who Is defending you? Where is the in junction? Where is the I Am through which all processes must pass? These arc vital questions to you, and as chief ex- ecrtive of the state I hardly know how if