The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-07
Governor in Lengthy Statement
Answers Recent Attack Made
BY the Federal Judge
EXAGGERATED EGOTSM" IS
ONE OF HIS EXPRESSIONS
Conner Tells of His Interview With
Roosevelt and Says Talk of Civil
War Originated in Jones
"Fevered Brain"

Montgomery October Especial. -
/ Gov B. b. Conner, in an interview given
to the press late tonight.-makes savage
attack upon the iptegrity OF Judge
Thomas G. JonesTof the United States
court for the Middle and Northern dis-
tricts of Alabama intimating thar the
Judge made up his mind 70 enjoin the
state laws, that he did enjoin before
he heard the testimony. and thar tile
railroads, against which the aws were
directed, knew that he was going to
do So Il have criticised Judge Jones'
he says, "and nave stated thai on ac-
count of his environment lie was not
fitted to sit upon the rae cases in
Alabama"
The governor then goes on to reeite
that Judge Jones was an employe from
youth of the Louisville and Nashville
road, that many of his family are en-
ployed in the same way. that he was
| virtual protege of Milton Smith, presi-
dent of the road, that he continued in
the employ of the road until he went
on the bench. and that Milton Smith
helped to put him on the bench ne had
|
| and his disposition il was impossible
for him to give the state a fair Inn
partial. trial" the governor says THE
sacredness and justice which by com
mon consent is accorded to every court
could not be conceded to his court In
the trial of these causes"
The governor also says that the par
tisanship of the judge to the RAILROADS.
impelled him to tak~ as excInsiy,s evt-
dence the exparte statements OF 80
railroads. although he sifot1ids.l1a
known such evidence to be question
able from the very nature of the case
He charges that IT was very general
ly believed that by his invitation ~
(Jones) had railroad employees como
his chambers where. in the most spec
tacular manner. he assured tn EN- of the
protection of his court" Also that fbe
attorney general refused to appear In
the court because the Judge. before
hearing the side of the state. pointed
out his course in a newspaper Inter-
view.
The citing of Solicitor Steagall for
contempt because he talked back TO a
deputy of the federal court. shocked
the governor. He speaks of the "exag-
gerated egotism' of the judge. and says
that the talk of civil war was only
in his "fevered BRAIN" Also that
Roosevelt intimated to him that if
state officers were fined for contempt
of the Jones court they might be par
doned.
The statement follows:
Governors Statement
Judge Jones, in the Advertiser of
September 10, criticises my course as
chief executive and charges me with
having attempted to ncite state off
GERS, grand juries, solicitors and judget
to violate the orders of hi scourt. He
further asserts that I.was about to call
out the state troops to interfere with
the execution of the orders of his court
\ and charges that L said to President
Roosevelt that unless he called down
his federal judge In Alabama there
would be trouble; that I received from
the President the characteristic reply
that If l made any trouble in Alabama
the President would see that 1t did not
last long. He max the further state
Heht that CIVIL war was narrowly
aVerted. lie asserts that from the very
nature OF the case and not of his own
Volition he was compelled to try the
rate cases, and says that railroad eu14
ployes came to him begging the pro-
lection of his court from arrests. etc.
These and many more charges and in
vectives are embodied in his letter.
1T is true l have criticised Judge
Jones and have stated that on account
OF his environment he was not fitted
| n Gif
The fact that he was an almost life
long employe of the Louisville and
Nashville railroad. and that large
number of his family Brothers and son
| have likewise been, and are, employed
| by the same railroad shows from the
| very nature of the case that he was
bound to be prejudiced, and, howeevr
| fafr he might believe himself to n.
| with this environment and his DISPOSE
ton, it was impossible for him to give
the state fair, impartial trial. The
sacredness and business which by COM
mon consent is accorded to'every court
could not be conceded to his court in
the trial of these cases.
Proteee of Smith.
Early after Judge Jones began the
Iapractice of law he entered the employ
! ment of the Louisville and Nashville
railroad and as stated by himself, quick
ly attracted the favorable attention of
Mr.. Milton Fl. Smith, president of that
road. and virtually became his protege
Until made federal Judge he continued
in the employment of the Louisville and
| Nashville railroad. l have heard It
stated that Mr.. Smith, president of the
| Louisville and Nashville railroad, urged
that the President appoint Judge Jones
| federal Judge.
Before he was put on the federal
bench Judges Jones, while a member
of the legislature, defeated the attempt
made by Capt. Walter Bragg to secure
for the state stronger and more eff
fective railroad commission law While
| Judge Jones was governor in 1S90-94 r.
as a citizen and shipper represent
ing other citizens and shippers. went
to him and asked him 10 use his in
fiuence to help in the passage OF bin