The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-17
Judge lanes Comes Back At
COmer's M0n ReceNt AHack
CONTINUED FROM PAGE 25o

denee, stating that II could readily un-
derstand how the deputy marshal had
been impressed, although the solicitor
did not so intend, and, without referring
to the strange hesitancy Of the solicitor
TO put on record what he constantly
avowed informally, announced that the
court takes pleasure, therefore, in ad-
judging that the respondent stands fully
acquitted Governor Conner was evi-
IDENTIFY DESTROYS that the solicitor make a
martyr of himself. that he might use
the incident to further swell the tide OF
public passion. Numerous dispatches
we're sent from Montgomery to outside
papers, among them to the Chicago Tri-
bune, which paper, after referring to the
fact that Mr.. Steagall was q member or
the house which passed the rate bills,
and was recognized as one of Governor
Comer's leaders, further said: 1t is
expected that he will leave the matter
as it is and let the judge find him guilty
II he thinks proper
Purpose of Interview With President.
1.-THE governors language would lead
his readers to infer that he was so
shocked at a mere citation of a state
officer to show cause against an alleged
attempt. although the matter had not
even come to a hearing and it could not
be known what was proper to be adj
Judged. that he Immediately took the
train for Washington to give the Pres
fdent the story of conditions in Ala
bama, to see If the President could not
give us relief He was evidently unfa-
rniliar with the independence of the CO.
ordinate departments of government, and
thought the President had power, which
he ought to exert, to direct what 1udg-
ment the court should render in the mat
ter Anyhow, as he himself says, ne
went TO see the President to get him to
kv-1y 70 AS a matter of
fact, Governor Conner went to Washing
ton to attend the rivers and harbors con-
gress, and to be present at conference
of governors with the President on the
subject Anyone who knows Governor
Conner and his absolute intolerance OF all
who differ with him, could guess, with
out being told, what occurred between
him and the President. I knew, and Gov
ernor Conner knew, the President heart
fly reprobated his threats to use force to
overthrow a court Of the country, and
that after conference with the attorney
general 1t was deemed advisable to pub
Hcly announce through the district attor-.
ney that In view Of conditions in Ala
hama the orders of the court would be
enforced at all hazards regardless or
cost or consequences. The governor also
knew that the President was my warm
personal friend, and had confidence In
me, and yet he made coarse denuncia-
tions of me to the President about this
particular matter on which the only
ruling I had made was that 1t should be
Investigated. What 1 stated in my first
interview on this subject WAS derived
from the President himself, under circum-
stances which left me at perfect liberty
TO state what I did concerning what
passed between the President and Gov
ernor Conner. The governor was so in
censed that he evidently does not recall
all that transpired, and only remembers
that the President told him II any wrong
were done Mr.. Steagall had a remedy
by appeal or by applying to the executive
for pardon. If an outrage had been
perpetrated, as the governor represented,
the President could not have said less
than he did on that branch of the matter.
Evidently II is unpleasant to the governor
to recall what the President said about
conditions in Alabama and who brought
them about.
No Misconduct of MarshaIs.
'The governor says he has frequently
heard it stated that the United States
deputy and sub-deputy boosted they
would put the state officers in the jug
There is no such officer as the 'sub-dep-
uty marshal The marshal of the court
is an old Confederate soldier, a man OF
the highest character and a thorough gen
tleman. He instructed the deputies IN
serving process never to engage in a dis
cussion with anyone about the litigation,
or the court, but simply to serve their
papers and leave. If there had been
any improper conduct on the part of the
deputy marshals ! would have heard of
1t and punished them. / do not think
anyone except the governor ever heard
of such misconduct The following let
ter from the marshal speaks for itself:
g Montgomery Ala, October g. 1909.
Hon. Thomas G. Jones, United States
Judge:
'Sir-Complying with your request. I
state that in sending out the regular
force and the special deputies authorized
by the attorney-general to serve the pro-
cesses issued by the court in the railroad
rate litigation. they We're instructed not
to discuss with the parties to be served
nor with any other persons the pending
litigation, and not during the time of the
service. nor since, have / been informed
that the instructions were disobeyed In
any instance Respectfully,
81. Fl. JUDKTNS, Marshall
Not Regretted BY the People.
1.-THE governor says that the people
We're much concerned and fearful be-
cause the press announced in great head
lines on several occasions that the judge
had knocked out another Alabama stat
ute' The regret the public felt was not
that the stututes were declared uncon-
suruuonal but that the legislature had
passed statutes which the court was COM
PEELED to adjudge in conflict with the con-
stitution. Common sense taught most
people that a statute FORGETTING the right
of carriers to do intrastate business. be-
cause they exercised a constitutional
right to go into a particular court after
they had come here on the faith of the
states laws and invested money in rail-
roads on the solemn promise of the state
that thew Slou16 enjoy and own aartaiu
rights and franchises. was both unjust