The Birmingham age-herald., 1908-01-21
SENATOR SPOONER
 ADDRESSES COURT Makes No Attempt At 0ratori-
 cal Display POLITICAL ENTHUSIASM Attorney For Central Trust Company Argues That Injunction Was Right
 and Proper To Insure
 Justice To Railroads.
POLITICAL ENTHUSIASM

Montgomery, January 20.-(Special) )- While the address of Former United States Senator Spooner was the feature of the railroad rate hearing in the Uni ted States court today, the speaker did not make any attempt at high sound ing oratory. He began his argument shortly after the end of the speech of Former Chief Justice S. D. WeakIey. for the state, with Judge Thomas G. Jones, the presiding judge, in the stand He spoke for the Central Trust company of New York, which company is resisting the rate going in on the Central of Geor- gia on the ground that they will make 1t impossible for the road to pay in- terest on bonds which the trust com pany holds.
 Senator Spooner held that the action of the court in issuing the iniunctions heretofore was in line with the law and the decisions of the supreme court The court had no other recourse but to hold up the laws, else how would it be pos sible to tell if they were bad without the railroads being forced to operate under them and thereby lose money that can never be regained. No state can de- prive a company of it's property with out due process of law and to determine what is right the injunction makes it possible to retain the status until it is discovered what Is right and just.
 With regard to the political enthusiasm he said that man might do things under this kind of stress but in his calmer moments he would be sorry, hence, it were we'll to have protection against such possibilities. He made the point that the power of the railroad commission was not taken away; that this being the case the commission could be sued. He said that it would be unjust to say that a citizen should be denied the right to any court. If at one time he might not be allowed to go into one court, later another might in the same way be prohibited.
 The assessed railroad property in Ala bama is s90000,000, MT. Spooner said "But, make 1t s50O,0O0,000 and then it is mere bagatelle. It Is a mere bagatelle com pared to the great principles involved compared to the ability and willingness of the government to give protection to private property within its domain. There are some things that cannot be reduced to dollars and cents. The sta bility of our government Is more than the property involved. It is more than the question of dollars and cents. If one state can abrogate a section Of the con stitution by statute, ana another state can abrogate another section-it is the beginning of the end"
 In closing Senator Spooner said in part
 "I hope the court which has been so generous with me will excuse my earnest ness which has at times merged into vehemence and which might seem out of place in the advocacy of cause before the court, but I have been led into over ernestness because I feel more than an advocate in speaking in this cause. feel that I am defending the principles of gov ernment and that defense could be made in the forum as well as at the bar. For what have we here? You say that ev- cry man, every woman. every child, ev- cry corporation in Alabama except the handful of railroad corporations shall have the right to come into the federal court to have their property protected. but you say to the railroads if you try it your property shall be forfeited. Is that equal rights under the law? Is that the protection of the law?"
 Senator Spooner was given great audience, including many ladies 1ho sat throughout the afternoon.
 Tomorrow the lawyers will begin the second division of the argument.