The Birmingham age-herald., 1909-09-13
Explains How Narrowly AIa- blna Missed Civil Var
 During Year 1907
URGES PEOPLE ID JUDGE
 BETWEEN HIM AND COMER
Reviews Rate Litigation and Outlines How Governor Has Outraged All Sense of Justice and
 Property"

Montgomery, September 12.-(Spe-
 eating himself in the recent rate liti- gation between the state of Alabama
 and various railroads doing business
 in this state. Judge Thomas c. Jones
 of the United States court for the Mid
 dle district explains how narrowly the
 state of Alabama missed civil war in
 the fall of 1907.
 The interview purports both to clear
 the jurist of all charges made against
 him and to answer the alleged attacks
 made against him by Governor B. B.
 Conner. Himself an ex-governor, hls
 statements are more than casually sig
 nificant.
 The statement of Judge Jones Is in
 two parts, the first of which reviews at length the litigation which was thrust upon the state when the legs- lature in 1907 so amended the railroad laws with respect to the rates as to precipitate the matter into the federal court of this state. The second part of the statement discusses in a frank way the situation, and puts before the people of this state the matter in such a way as to leave 1t to them as to whether Governor Conner is a truer
 son of Alabama than the jurist, an ex- governor. Especial attention is paid to the threats on the part of the state to en- i force the rate laws, while Judge Jones l in his statement dwells at length upon
 the agitation to call out the Alabama
 militia to enforce the laws, if neces-
 'sary.
 With regard to shiss the judge states tiigt he had assurances from Washing
 ton that the federal militia would be I called out to enforce due process of
 law. and to prove his assertion pro-
 duoes his private correspondence had | with the United States Attorney Gen
 eral at that time, when he was "au-
 thorized to publish the statement that l the United States law department
 would take all necessary means to se-
 cure the enforcement of federal pro- 1 cess"
 1 Following upon this Judge Jones ex- l plains that he had taken every pre- ] caution to satisfy the people, going so l far as to invite other jurists to sit with | l Throughout he criticizes the action of 1 Governor Conner in misrepresenting his | rulings.
 l More than a year ago the governor 1 of the state, in a bitter diatribe, as- | sailed me as a judge of the federal court before an assemblage of my fel- low citizens at Samson. He afterward
 revised and printed the speech, dis l tributed it broadcast over the state. I 0lr fn oP Al. T. | the last 10 days. again soiling the | dignity of his office and disdaining all the finer traditions which for ages have l guided men in public station, in dis 1 cussing the acts or motives of other departments of government. he has gone from stump to stump repeating l his coarse attacks, misrepresenting my l rulings and those of the appellate court ] in the rate cases, and denouncing me l for sitting in cases. which could not l refuse to hear without a cowardly
 evasion of duty, and a violation of my oath of office.
 Endorsements Obvious. The endorsements of a judge in l repelling such attacks, however maili- cious and unjust, are many and obvi- 1 ous. A judge cannot go upon the | stump to make reply. He Is prevented | by proper respect for law. to which he | is bound to set an example of obedience | or be disgraced, from employing the means to resent insult which are or 1 dinarily open to high spirited men in | private station. He cannot with out defying a just public opinion, break | away from the restraints which his of : | fee imposes, and deal with his as- sailant in harsh retort and bitter per sonalities, however inviting the field. f te to ma for j,1doa <o discuss even past acts and occurrences I in a case which Is still pending. Up- | right and brave men, therefore, never hack at a judges motives in rendering a judgment in harangues before public assemblies. The constitution provides | the only fit tribunal to hear and decide such issues.
 'The governors words are not spoken | in the heat of debate. His utterances are deliberate. His motives are unmis- | takable. The operation of any law which limits his authority Is, in his l eyes, an evil to be resented as per | sonal grievance. He despises the con stitution of our fathers because 1t pro vides tribunals inferior to the su- preme court, which, in certain cases every citizen of the United States may | freely enter and be protected. One of ] these tribunals, in which it was my | lOL to D6 A JuuSoi taught ulHl tudt ours l is a government of laws and not of men, and that governor, as we'll as | other men. can be forced to bow ta thf | constitution. Therefore the ju, lf | that court must be destroyed in altnc esteem and the court itself d. arrived | of moral influence among the aaie. | if he can accomplish 1t. Assault as the 1 character of the judge will suUsfve l both his ends.
 Corners Malicious Frothln Malicious frothings upon the gtHgip 1 cannot change history. The even.s hl which he and had part. which he sc l cites on every stump. bring shame .o hin. | not to me. The reasonableness c ftss. which had long been discussed oa ths hustings, ceased to be a politicil qles- tion when It became the subject 3i 51.li- cal inquiry, in the year 1907, va on March 6. some cases were bro d the federal court for the middle fot 
 CONTINUED ON FACE