The Birmingham age-herald., 1908-01-19
JUDGES PREVENT
 STATE CIVIL WAR
By Observance of lnjunctions,
 Says Judge Jones
JUDGE WEAKLEY SPEAKS
Will Conclude Argument Tomorrow Morning, When He Will Be Fol lowed By Senator spooner
 for Central Trust Co.

Montgomery, Ala, January 1S.-Cspe- eiaD.-A dramatic scene was presented in the United States court today when in the course of his argument for the state in the railroad suits. former Chief Justice s. D. Weakley made the point that the federal court had no right under the law to hold up state laws by injunction. He argued that the court in doing so eX- ceeded it's authority and asked if the judges of the state courts were not to be trusted to administer the laws. In tones of intense earnestness Judge Thomas G. Jones replied that they were to be trusted; that the fact that they did obey the injunctions of his court pre- vented civil war in the state.
 The incident created much interest in and about the government building. Judge Weakley had been very respectful but very pointed in his remarks with regard to the authority of the court to stop the local state laws and had cited many authorities to prove that the right does not exist in an inferior federal court to thus estop the operations of state statutes. He referred to the taking of
 
 wanted to know if this court, that pre- sided over by Judge Jones, was to sit in judgment over the state judges, could not the judges of the people elected by the people be trusted
 This brought the question up to a ten- der point. At the time of the issuing of the injunetions there were threats of ignoring them. one judge going so far as to say that he would do so. At the time Judge Jones let it be known that any man, officer or private citizen, who failed to observe the orders would be given the full penalty of the law, which allows him to send to the pentientiary even for term of years. This is what the judge meant when he said that the observance of the law by the judges prevented a civil war However, at the same time Judge Jones paid high com- pliment to the state judges, saying they are good. men and true and have kept the laws.
 Judge Weakley made out his fight along the line that the court has no right to enjoin the acts of the state, nor has it any right to make rates. There can be no such thing as a court made rate, he said How is the court to find out what is right and what IL Is pest and right for all the people to do. He said that the railroads were not in a bad fix as some might attempt to make believe because even if they lost this case they would be thousands of dollars in Notwithstanding the bond, he said. which the court required, there would be thousands of passengers and shippers who would not call for the rebate and this would mean money to the railroads.
 The railroads, s acearding to Judge Weakley take no chance by asking for an injunction as they keep in the high rate and also get money which will never he refunded even if the case should be decided against them. He pointed out that the high rates have been kept in force for some time and they will be kept in force longer and the railroads are reaping the benefits. "fhey are bound to be big winners" said Judge Weakley. mo matter if they lose their case.'