New-York tribune., 1909-10-13
ALABAMA RATE CASE
GOVERNOR'S SETTLEMENT.
Mr.. Conner Sets Forth His Side of
the Controversy.
IBy Telegraph to The tribune. !

Montgomery. Ala. Oct. 12-Governor Conner Of
hls state has made public long interview in
"hlch he reviews the controversy between him
self and Judge Thomas c. Jones' of the United
states District Court, the injunction by which
that juTist suspended the application of the Ala
oama rate law. Incidentally the Governor denies
some Of the allegations which have been made by
Judge Jones
Mr.. Conner insists that he has not melted state
officials others TO contempt Of the federal court
or TO undue prosecution OF the railroads. that he
has not promoted situation bordering on anarchy
and that he neither threatened President Roose-
Welt threatened by him. all of which
charges have been freely made in the course of the
controversy.
The Governor does however severely arragn
Judge Jones for granting the injunction, main
tanning that this jurist because of his previous
connection with the Louisville & Nashville Rail
way and his present friendship foTs that company
because of relatives in its employ. not COM
petent 10 deal with this judicialy. He main
tains that legislator, and later as Governor
Of Alabama, Judge Jones exerted his influence to
prevent legislation similar TO that he has now
enjoined and that he has at all times exhibited
opposition to such legislation. Replying 10 Judge
Joness assertion that he requested other United
States judges 10 sit with him in the hearing OF
the application OF the railroads for injunction.
the Governor points out that such requests ante
dated the prayer OF the roads for an injunction
from which he argues that Judge Jones must have
intended to grant an injunction even peIore one
asked
Governor Conner makes a long and effective argu-
ment 10 show that the rates provided by the Ala
bama Legislature not confscatory, and there
fore should not have been enjoined- He asserts
that as low lower rates prevail in adjoining
states and have not been attacked in the courts.
nor where attacked have been sustained. He de-
clares that he was shocked beyond expression
when Judge Jones cited II. B. Steagall solicitor Of
circuit court. for contempt 1t is in this connec-
ton that relates the circumstances Of his inter
view with President Roosevelt, to whom he ap-
pealed TO "calI down Judge Jones He quotes the
President as pointing 10 him that the Executive
has no control the judiciary and as calling
in the Attorney General, who confirmed his declara-
ton.
Finally. according TO the Governor. Mr.. Roose-
welt told him If Mr Steagau was sentenced for con-
tempt submit the TO Washington for review.
would be within the province Of the Executive,
If the facts warranted it, 10 pardon the attorney
Governor Conner emphatically asserts hts own
disposition 10 deal fairly with the railways. as
we'll with the shippers. and advocates the sub
mission Of the contentious OF the railroads TO the
State Railway Commission the proper method OF
securing justice TO all concerned.
The situation outlined by Governor Conner.
suggests some interesting questions TO how far,
for instance the Governor OF q state is warranted
in going in an effort TO that federal Judge is
not competent TO pass presented TO his
court. and the extent which he is warranted in
attempting TO demonstrate the injustice OF the de-
cision OF such q judge. The Governor does not
directly assal the probity OF Judge Jones. sub
mits that he is saturated with the railroad view
OF legislation affecting the interests of the
carriers that he is incompetent deal with such
questions judcially The statement also suggests
the question, II all the Governors allegations are
correct and his arguments logical what recourse
the state has under such circumstances.