New-York tribune., 1909-09-19
NATION VERSUS STATE
NE4R CLASH IN ALABAMA.
Judge Jones and GQUernor Conner
Reopen Bitter Controversy.

Birmingham. Ala, Sept. Is CSpecaD.-The con-
hdent statement recently made by Judge Thomas
G. Jones, of the United States Court for the Mid
die District of Alabama. that this state narrowly
missed an armed conflict with the federal govern
ment in 1907 because of the conduct of Governor
B. B. Conner in detying the mandates of the United
States Court, came as big surprise to the major
ity OF the citizens of Alabama, few of whom real
lied the gravity of the crisis. The statement which
made IN a bitter arraignment of Governor
Conner by Judge Jones. has served to direct public
attention anew to the conflict which has ragged for
two years between these officials, and interest is
rapidly being famed TO fever heat.
according TO the signed statement of Judge Jones,
Governor Conner carried the controversy before
President Roosevelt, with the statement that, IF
the President did not call down his judge here, he
would have trouble in Alabama. The reply OF Mr.
Roosevelt. according 10 Judge Jones, was that If
Governor Conner made any trouble in Alabama
'the President would that it did not last long"
Judge Jones also says that he received assurances
from the Attorney General OF the United States
that the orders OF the federal court would be
backed by federal troops II necessity required IT.
The bitter controversy, n which the card of Judge
Jones setting forth these allegations is the lates1
development, has been reopened as a result OF the
campaign i'm Alabama for the adoption of con-
sttutional amendment putting prohibition into the
organic law Of the state Governor Conner has been
stumping the state in the interest of this amend
ment, and has been relentless In his criticism Of
Judge Jones These criticisms grew out OF the
litigation,
Of rates and regulations adopted by the Legislature
was enioined Uv Judge Jones The issue has
NOTHING, TO do with the prohibition question hut
was brought to the front by the Governor In re-
viewing hs administration. He charged among
other things that Judge Jones was not qualified 10
Sit in the rate cases, because for years he had
been attorne, of one of the railroads largely m
terested in the cases at Issue.
DEFIANCE or FEDERAL Law
The contention Of Governor Conner was that rhe
federal court had business 70 Interfere with the
efforts Of soyereisR state 70 regulate the common
carriers within ns borders, and. following the is
suance Of the federal injunctons. he instructed the
state officials carry out the orders Of the state
courts. regardless Of any action taken by the
federal authorities In the language of Judge Jones,
''the Governor a. this time was publicly denying
tire jurisdiction Of the court and insisting that it
was his duty. the Constitution Of the United States
20 the ccntrarr Notwithstanding. 20 enforce the
laws Of the state II his legal advisers-as they
doubtless dld-informed him of the universal rule
OF law 1t had little II any weight in sweryng him
from his dream Of forcible defiance Of the laws OF
the United states. He seemed bent on bringing on
e collision
In commenting on the conditions which led him
90 take the Governor so severely TO task Judge
Jones says
,Iore than a year ago the Governor OF tho state,
IN hitter diatrhe. assaied me Judge Il the
jt lfistai C,uts s 49, al ts No TotiCs ~ the at
t7ok. In lie last ten days. again soiling the
T-ic Tf. I'm die, usenr the acts and motives 81
other departments - government. he has gone
from stump 70 stump repeating his coarse attacks,
msre presenting niv rulings and those of the ap-
Uc'late court in the rate cases which I could not
refuse to hear without cowardly evasion Of duty
and an evasion cf nay oath OF Office.
Judge Jones also refers 20 sighting alluson
made by Lieutenant Governor Henry E. Gray. IN
which he likened Judge Jones 10 Judge Bustecf.
of Vie Reconstruction period Judge Jones says.
Iae ileptfEahi GoyT@rnor; IN a coinInLiS9n
ore Who feared neither cod nor man" and as
Governor % vord nct be bslRSd IN ne purpose ro by
any orders Of usurpug court. it was constant
would be their duiy if 'tev were called ont %
override th, orders of tie federal court There
iaiiitla thouaG suoa denial would have greatly
collectors ana roust4iias - resist the orders %
the federal court. thus putting their heads in
Here and flere solicitors the onicial prose
rutor- ol the STAG we're proel3nning thgt they
done which could he done 90 tnfurate the people
against the court and thc carriers which remained
within thc protection of The court
ia closing Judge Jones says.
cannot recall that there g. parallel I'm ans
CIVILIZED state where Governor over before
tacks upon a Judge about a case / could not
nanhood which was iot surrendered when vent lr
upon tho bench. " ] did not speak plainly
the Governor the stump against the character
~ fellow man who was one OF his predecessors,
and always while be occupied that honorable
Office, held II high above all hate.
Tho reopenng OF tho old fight between these two
high officials TO inject the rate controversy
into the prohibition campaign, and is adding ma
terIally 20 the bitterness Of the struggle
BLACK CORK AS AID TO ESCAPE.