The Montgomery advertiser., 1908-01-16

not harm the court but they tend ot bring our country and it's institutions Into disrepute and to loosen the bonds or law. thank you what you have Tn reply to this. Colonel Garber said: II expressed myself on yesterday in regard to that, and I was very glad to do SO: and I did 1t because it be- came necessary in the presentation of this case, as we'll as a matter of thor ough propriety and justice to the court; and for the further purpose of calling the attention of the court to the fact that in these cases, we did not want the court or any one else to consider that we thought the action of the court on May s. would be a crifer.on in this case; because we are coming here in this case, under entirely different cir cumstances, armed with affidayits which we shall submit later on, which allege the incorrectness of the statements in these supplemental bills, and which we shall submit that these rates should pc put into execution by this court and as is being done in our sister state of Georgia. thank you"
 In his address yesterday Mir. Bowie reached his greatest heights of elo- ouence in his peroration when he de- nouneed the Doctrine of Terror which had been resorted to in North carolina and which had been appeal cd to in Alabama, In Alabama fear had driven half the railroads from the court and the State authorities were using fear as a means to keep a rail- road from defending its own.
 In this part of hfs address Mir. Bowie was given absolute silence by the court room crowd. The crowd leaned for ward to Catch his every word and while there was no applause when he closed. the deep breathing of the audit ors could he heard throughout the court room and scores of the specta- tors came forward to congratulate the speaker.
 In his peroration Mir Bowie said:
 Now the learned counsel for the southern Railroad. in their argument before the Supreme Court of the United States in the North Carolina case used an illustration that think is very per. tinent in this connection. They refer red in the course of their argument to the history Of the case. to the arrest of their agent during the time that the Circuit Judge was absent and sentenc- ing him to thirty days upon the street because he refused to violate an iu- junction issued out of the equity side of the Circuit Court of the United States.
 Thank God that didn't happen in Alabama" said Judge Jones.
 NO" said Mir. Bowie, ''but it did happen in North Carolina, and there wore other instances threatened, and other prosecutions. and other things of that sort going on. And so, the coun- sel, after reciting the various devices that had been resorted to to compel surrender on the part of the Southern Railroad. said:
 Thus by a combination of leglsla. tive, executive, and political depart ka <R fnk an Ia to inocculate Into the unfortunate suitor in the United States Court the doctrine Of terror and surrender, which. under conditions of helplessness has Biblical endorsement as to Its wisdom but is entirely without legal sanction as to it's righteousness;
 "Agree with thine adversary quickly, whilst thou art in the way with him, lest at any time the adver- sary deliver thee to the judge. and the judge deliver thee to the officer. and thou be cast Into prison. Verify say unto thee, thou shalt by no means come out thence till thou hast paid the uttermost farthing.'
 'sThe doctrine of terror and surren- der. May it please your honor that doctrine is all right from a political standpoint if it works. The doctrine of terror and surrender worked in North Carolina, and a great railroad was laid prostrate at the heels of executive ab- solutism. The doctrine of terror and surrender worked in Alabama, and half the railroads in this State bowed the knee and surrendered their rights to be heard in court of justice In de- fense of that which was their own. That is the doctrine of terror and sur render. Tn a political contest, bluf Is as good as anything else as long as 1t works, but it cannot be tolerated that one who knows his rights. and knowing, dares maintain that that one shall be laid by the heels and destroy ed, because he does dare to maintain his rights. That Is all that the con- testing railroads contend for here. a hearing, and that an adjudication. It may be that the rates fixed by the