The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-01-21
Argument is Continued
on Supplemental Bill


railroads of the equal protection OF
the law and the constitutional right to
their property, Senator Spooner SUBJ
mitted not only an able discussion In
the cause but he. gave, as well. q ium-
nous exposition OF the principle of
American government. Nor were his
arguments and ideals, Notwithstanding
his Northern environment, different
from those of his auditors who had
been raised within the shadow Of the
Cradle of the Confederacy. But his
application might have been different
from a small part of his audience, per-
haps the smaller part Of his audience.
But the force and lucidity of his argu-
.ment Impressed all who heard 1t, and
1t Impressed more the lawyer. than the
'layman, though the layman found IT
Sufficiently instructive.
The technical portion OF the arsu-
ment. which lasted practically through
all OF yesterday In the courts. and only
a portion of 1t was technical, dealt
with the peculiar form of rate laws
adopted at the November session OF the
Legislature and fashioned in the light
OF the doctrine laid downs by the SUI
against MCGEE. Senator spooner con-
tended that an endorsement by the
courts of the contentious OF the, attor-
news of the state would be tantamount
10 declaration that state statute
could repeal section OF the Constitu-
ton. And out of this fountaih-h ~.
came the principal fiow OF the remark.
abia discussion which held throughout
the day that the state was attackins
tbe snfeerity of the Fourteentn
Amendment, which assured tnat
nropetry shall not be taken without quo
process Of law. !.
Largest Case I'm BIS Expcs,s 49,
AS he neared his conelusl0n,a am
spooner said with crisp eieS1
,,t,esis that seems peculiar to him: \.
aI,dea, weakley took occasion ~
.het this was the greatest SUI SUI.
s.rsth which he had ever peen eVhS
80" hogan senator Spooner. xu..kIev
.syes.S interrupted Judge 49,, said
.sAfr. Smith and MT.
the same thing. aeree with
~ am. II Is the most momentous 49,
Win which have ever been ..s h,,+
W. .s,S Senator Spooner with SLOW pu'
irnpressive emphasis. .r,,, IN
.sThA assessed railroad propesI, ~
Alabama, believe. Is $1s'ooV'VoV' ~
continued. ,s
4 .A-,es Conrrassman sidney J. Bowie.
Make ii $500, 900, 900. Make 1t 5000
mn 0oo and then It is a mere bagateiie.
n IA a mere bagatelle compared 70 tne
srsat principles invoiyed-compared 10
the ability and Willingness OF the gov
ernment to give protection 70 prlsase
property within it's domain Inere aIe
son,a things that can not be reduced 10
dollars and cents The stability OF our
government is more than the properly
involved. It is more than the question
~ dollars and cents. III one State can
abroeate a section OF the. Constitution
by q statute and another state can so-
rogate another section---it Is the Pc
ginning of the end. And when State,
Sv aNv means It may adopt. succeeds
in depriving one citizen of his right TO
go into court that State repeats Sec
ton of the Constitution"
with peculiar interest the argument
OF Senator Spooner had been expected.
His fame as a lawyer ana law-maker
of the keenest intellect ana WIDEST ex-
perience was well known here. II was
conceded that in his argument yester-
day he met the expectations aroused by
his fame.
Nor was he oratorical In the sense
| that oratory has come to be understood,
| that is, in well chosen phrases ana
graceful gesture. He apparently cared
nothing for the art of the orator and
his voice half the time was net above
| the conversational. Yet the illuminat-
ing thought, the admirable choice OF
| words. and above all. the steady now or
his remarkable logic chained the inter-
\ est Of all who heard him. y.
His emphasis, never loud, but al
ways forceful, was hardly Jess remark
able than the steady progress of his
! logic. His mere pronunciation of the
1 word "law'' was as impressive as a
| whole essay on the majesty of the law.
! At times he seemed to- struggle for a
/ word and yet invariably out of that
hesitation there came the most choice
and the best word for the vacancy.
In closing, Senator Spooner said:
! 81 hope the court which has been so
| generous with me will excuse my earn
| estness which has at times merged into
| vehemence and which might seem out
| of place In the advocacyAof q cause be-
fore a court. But been so long
| absent from the bar and so long active
| in the forum. that may have overlook
| edtthe proprieties of such an occasion
| and fell short OF an advocates duty,
| But have been led into over earnest
| ness because l feel more than an adj
vocate in speaking in this cause.
| feel that am defending the princi-
| pies of government, and that defense
| could be made in the forum as we'll as
| at the bar. For what have we here?
| You say that every man, every woman,
| every child, every corporation In Ala
band. except the handful of--railroad
corpbrations, shall have the right to