The Montgomery advertiser., 1909-09-13


 time in July. 1907. The railway com pany's right to do intrastate busint q was thereupon declared to be forfeited. The Governor of Alabama immediately insisted that 1t cease business between local points in Alabama, declaring that in so doing. after its suit had been re- moved into the Federal Court. 1t was in fragrant rebellion against the laws of the State. The enforcement of his views would have meant ruin or suffer- ing to thousands of men, women and children in the fairest portions of Ala bama. Nobody desired 1t. The people would not have permitted 1t. No one seriously considered the removal stat ute. and there never was any attempt afterwards to enforce its provisions against the Southern Railway.
 Road Abandons RiEhta.
 "The Southern Railway. under force and terror. abandoned the protection of the court here. trading off its consti- tutionai right to have justice done in the case. for that of somewhat in- creased rates. When 1t came into this court to secure a formal order to carry out the terms of It's exploitation, it did not disguise it's reasons for its course. It solemnly stated that 1t had not lost sight of the momentous tature of she claim asserted upon the part of the
 
 that 1t had violated any law, that 1t yielded to preserve the peace and good order of Alabama" 4 judge would be fecreant to the law and his duty, when such a state of facts Is presented, if he did not denounce the use of force anN terror to drive suitors from the altars of justice. The judge but discharged . plain duty when he pointed out that the recognition of the principle in- volyed struck at the heart-blood of civilization and the life of our institu- tiona In the course of his remarks from the bench, he stated, The power of the courts is largely moral, and their decrees and orders in this en- frightened country are acouiesced in un- til reversed in the modes provided by law. because the law<abiding. liberty loving American feels that without such obedience, the stability of our In. stitutions and the liberties they are de- signed to protect. would inevitably bs lost and further, That 1t Is a wicked thing to excite the passions of the peo- pie against the authority of the courts. Whatever the end sought to be accom- plished thereby, if 1t be brought about by overawing the courts. or preventing the execution of their orders. that end is accomplished at fearful cost, and Is a grievous stab at the liberties of the people, This official expression, when silence would have been coward ice. brought down further maledictions upon the head of the judge. who was constantly pictured as throttling the sovereignty of the State and lawless- ly meddling with local affairs.' al- though he had done nothing more than enforce the constitution of the United States, the supreme law of the land.
 Governor Defies Court.
 The Governor at this time was publicly denying the jurisdiction of his duty. the Constitution of the Unit standing. fo enforce the laws of the standing to enforce the laws of the State and that the carriers, though operating under the protection of the orders of a great court, were every day violating the criminal laws of the State. He was publicly insisting that the Judges of the State Courts should charge grand jurfes to indict railroad operatives. and avowing he himself would charge solicitors and sheriffs to arrest railroad officials and oper- atives. These people, working for an honest living. under the protection of the orders of a high court. the Gov ernor was then comparing to common criminals like negro crap shooters who should be arrested by his officers and put in jail wherever found. He seemed bent on bringing on a collis- ion. If his legal advisers, as they doubtless did, informed him, of the universal rule of law-'that when a State court and a court of the Unit ed States may each take Jurisdiction of a matter Gas here) the tribunal whose Jurisdiction first attaches holds 1t to the exclusion of the other. until its duty is fully performed. and the jurisdiction involved is exhausted, and this rule applies alike in both civil and criminal ca5e.-it had little, if any weight in swerving him from his dream of forcible defiance of the laws of the United States. Thousands of railroad operatives were in momen- tary expectation of arrest. It was op- enly stated In many unofficial. If not official. quarters that the North Car olina methods would be used in Ala bama. Delegations of railroad opera lives from time to time visited the court to learn if it could and would protect them. They did not know at what time they might be dragged of their engines and their trains when they stopped and jailed wherever a sheriff or constable saw fit to arrest them. Even the travelling public was uneasy. Business was greatly de- pressed.
 Lieutenant Governor Talks.
 'The Lieutenant Governor. in comparison strange for him to make. likened the judge to one who feared niether god nor man. and assured the people in a public interview that the Governor would not be baked In his purpose by any orders of an usurping court. It was a constant topic of con- versation in military circles as to what would be their duty If they were call ed out to override the orders of the court
 Excitement was further fed by specials sometimes bearing the ear marks of inspiration. as to what was discussed in the conferences between the Governor and his advisers called There was no official denial of & pur- pose to use the militia. though such denial would have greatly calmed popular excitement. Men naturally assumed that the Governor would not direct clerks. sheriffs. solicitors and constables to resist the orders nf the court. thus putting their heads in the fire. unles he intended to back them up by force. Here and there solicitors, the official prosecutors of the State were proclaimnR in the newspapers that they would defy the court. The statement had been repeatedly pub lished in the New York press and frequently copied here. that the Pres. ident had failed 10 sustain Judge ot the officials of the Southern Raii- way had circulated the same report. The report, preoosterous as 1t was founi many believers in Alabama and one of the Governors advisers, whom I knew did not believe Tn force against courts nevertheless ventured the opin- ion if the test came, that I would g~. TO Aa