The Montgomery advertiser., 1909-10-17

correspondents derive their "semf-of- | ficiar, information. or inspired utter ances. at the time when the Governor was holding his conferences in Birfn- ingham7
 I Ths only relief from the strain on | the public mind about the gravity of the situation was, that while some of the speciais~ insisted that the situa- ton was alarming, others notwith- standing the semi official" character of the reports. expressed the opinion "there would be no sblood she'd" The military, in conseQuence of these reite- rated reports of the determination to use them aRainst the court were great | ly disturbed What their duty would be. was constantly and earnestly dis cussed in military circles all over the State. My own son came tc me for ad- vice e to his duty If the company of which he was a member was called out, as It expected. l found that the Il Commandant of the Montgomery bat ltaiIion was erpsctine such orders. and he frankly told me. notwithstanding I reminded him of his oath to support the Constitution of the United States. that he would obey the Governors orders even against the court. 1t Is only just to say. that a great maj ority of the of1cers and men of the National Guard had no sympathy with I the purpose to use them against the courts e the country. and had de- terminded to disregard such orders. If issued. because they were not law full orders"
 During all this period of anxiety. when all these things were transpir- ing. and with full knowledge of them. the Governor never uttered 0 word to warn any of the civil oficers that he did not mean to incite them to make arrests in defiance of the orders of the court He declined 10 reas- sure public tranquility by giving even a simple denial of any intention to use military force. That the Governor at that time hoped by his advice to get courts to indict and officers to make arrests and prosecute railroad men. and thus bring on clash, is shown l by the fact that he took to task a judge, whose name he can have pri- vately, If he desires, for charging a | grand jury that the Federal Court having first acquired Jurisdiction of these cases no other court could de- termine the questions before 1t. even under the guise of executing the criminal laws. and that they must not find indictments. A number of the State Judges in thus advising their grand Juries. followed a law of na- ture. as well as of jurisprudence, that two bodiesnot occupy the same space at the same time. As if by concert. to add to the excitement, the Lieute- nsnt Governor was publicly attacking the Judge of the Federal CoarA and assuring the people that the Governor did not intend to yield to an usurping authority, and quite a number of soli- citors and sheriffs were rushing in- to print avowing their willingness to override the orders of the court. There Was Grave Danger of Serious i Trouble.
 The Governor says he was "too young to have the honor to be a Confederate soldier" had that honor at his then age understand the old soldiers, and the sons of soldiers. better than he did. and knew them well enough to realize that if any considerable num- Der of them could be wrought up to the belief that the court was usurp- ing jurisdiction and insulting the States officers. and lawlessly arresting their proper functions. the brave men of Alabama would not hesitate. upon the call of the Governor of the State, to oppose forcible resistance to the orders of the court. As 1t was. the Judge of< the Law and Equity Court VI XuVA oh &0hAeJs Wu0 was a ItCtnL appointee of the Governor, and doubt
 less had great respect for the Cover
 nor's advice as to his duty in the premises. came near precipitAsing just such a clash by charging grant jurles to indict the employees of tn,
 railroad for not observing the rate
 laws notwithstanding the injunction. Had that. advice been needed by his \ Erand fury and true sbfils returned. his IA s,4,sa I, n, ,xn.a. and undertaken to arrest and imprison trainmen and stopped trains. This must have been met by Federal power to prevent such arrests. and to ar rest and bring before the court the men who violated It's orders. The Governors admonition of duty was ad- dressed to "every officer" to .'every court" If followed. it necessitated raids by sheriffs. constabies. poiice- men. in every county In the State up- on trains and trainmen. What a spectacle Alabama would have present ed to the world, with trains along great lines of railway stopped arN stranded at way-stations. while of- ficers captured and imprisoned their lcrews in defiance of the order of a court. leaving the passengers helpless, freight delayed. and United States malls stopped in their transit. What IT tNSrG uhu UcoH V cOltl8iOu m SOmo of the numerous raids, which the Governor advised. between contending
 posses one seeking to override, and
 the other to enforce, the orders of
 the court. and blood had been shed? In the excitement and passion then
 prevailing disorder would have been
 spread everywhere from the first shot.
 as quickly as a lighted match thrown
 into dry broom straw on a windy
 day, will send a tongue of flames all
 over the field. It was to preserve the
 peace, to avoid strife. to save shame to the state. whose people I love, and
 who have often honore6 me. that
 strove to head or such condition of affairs by firm warning and earnest
 appeals. All right thinking men, | whatever may have been theil opinion at the time are now profound I iy thankful that the judicial power of the Government of our fathers. humble
 though the hand be which directed 1t. was strong enough "to stand in tht I way and stop the gap"
 No Hectorfng in The Southern Hafiwas Matter.
 The Governor complains that the
 Judge made 'an angry. hectoring lec-
 ture." quarreling with iitigants when
 they asked to withdraw their suit. after they had, settled with the State" How was the settlement made. to ------------------- -------------