The Montgomery advertiser., 1908-01-19
JUDGE WEAMEY SPOKE
 DURING YESTERDAYS SESSION
No Special Incidents Mark Weeks
 End.
yaske Jones Takes occasion to com- ment on Course Pursued by state Judse.--End Not
 in slight.

. n .n all-day address by Judge 5. Y vealiev The hearing will go into fhIs week. The end is not in sisnI
 rn the midst of the argument oi 1.,fire Weakley, Judge Jones yestsr- day took occasion to compliment ne w.sdon and moderation or the Suases
 arts after the inJunc- 4s.. n.d haen issued and certain ut srrances had been made by State om- ~E2,,t for the wisdom and moderation ~ the Iudges of the State Court, unoer xhese conditions, we might nave nau <sviI war and bloodshed, sald Juuse Jones. He spoke with approoatlon, eoo' of the conservative course or the '.o, al.oa nays for the State under trying cirouA'-
 srha se,aved address of Senator John fs snooner will be delivered tomorrow. rrobably at the morning session' 'uuS wealrlav had not quite finished at the close of yesterday in the court Judge Weakley, who was charged wltn tne ,,nportant duty of closing ne arsu n,ent for the State. was so Wen xe,svu ,s,,Ii sn his subject that his argument VIII x,fohab bay extend over two days Of the Sonrt. It began Friday afternoon ana ocrlrpied all the time of the afternoon sseenion. On the converting Of the court varfarday morning. Judge Weakley re- runed his argument. He was vel into it when the court ad1ourneo at o'clock for lunch. He cohtlnueu "nor ror 4fa rourt reconvened at 3 o'clock, nor had ha finished when the adjournment vgns had after darkness had fallen.
 Tudra Weakley will continue the nresantation of the States side of the controversy when the court convenes this morning.
 Senator spoOner to Speak.
 When he has finished Senator spoon ar will deliver his argument in behalf of the Central Trust Company of New york. The conclusion of the address Of Judge weakley the argument of the first division, as it is called by the law years, will have been complete6 This deals with the supplemental biiis flled Dv the railroads after the November legislation. In the view of the States atforneys these bills are invalid
 Senator Spooner will submit his ar- wument at the close of this discussion because the Central Trust Company case in which he appears. is peculiar to ttheIf in that 1t is brought by the Trust Company to prevent the enforcement of ghe new rates on the Central of Geor- &ih of which company the Trust Com pany Is the holder of the bonds.
 when Senator Spooner has completed hia argument, the Court and the attor- neys will go into the second division. which ia the consideration of the alle- Eatf0ns contained in the afndavits filed xn the case. An agreement to this ef- feet was made by, the attorneys on both sides in conference held in the ofaca of Judge Jones during the noon reeesa. Tuesday and Wednesday will be devoted to the hearing of this phase of the case. Because of the is- sues involved and the affidavits that have been filed, this part of the hear ing will be largely technical. In this phaSe of the case Henry C. Selheimer will speak for the State.
 A Brilliant Argument.
 One of the ablest arguments made at the hearing and one of the ablest argu- ments ever heard in Montgomery was the strong presentation of the States side of the controversy by Judge Weakley. The issues involved are not new to him. It Is known that Judge Weakley in an advisory capaci- " had wide influence fin shaping the session. 1t is now known that the de- fense against an attack on that legis- lation is the doctrine laid down in the Florence Bridge Case. that a suit to prevent the enforcenaent of slegisla4 tive act is a suit against the State when no officer is specially charged with the enforcement of the act
 Nor was Judge Weakley on the de- 4ense alone. He had hours which to dispose of in the establishing of that doctrine from the Supreme Court on which the State so strongly relied. but he also had hours which he de- voted to the breaking down of. the force of the numerous decisions cited by the attorneys for the road. He laid down the proposition that the Fourteenth Amendment which pro- Vides that property cannot be taken without due process of law, does not repeal the Eleventh Amendment. which provides that no suit shall be brought against the State.
 Has No Authority.
 Throughout his long argument, Judge Weakley contended that the Federal Court was without authority to issue the injunctions which were issued sub sequent to May g. At ore point he said he was not prepared to dispute the right of the court to issue the injunc- tions of May 8, but because he was not prepared for opposition to those injunc- lions. but since he had studied the question more thoroughly, he said, he might oppose the issuance of those in- junctions because the Atorney-General was named in the papers.
 This was his main argument that the tnjunctions were unjustly issued-be- cause they named officers of the State, and, by naming officers of the State. they became suits against the State.
 Judge Jones's remaks upon the wis dom and moderation of the nisi prius Judges. which saved the State from