The Birmingham age-herald., 1909-09-13
IUDGE JONES IS VIGOROUS IN
 ATTACK ON COMER'S METHODS
CONTINUED FROM PAGE D


 ~-,..s.=- >- --'~ - Alabama by citizens of this and other btates, to defend a property right whlch They ayerred was in danger or conlisca- lion. These bills sought to restrain the Enforcement of the rate statutes, ana the residence, of the defendants compelled the Hing of them in this district.
 .Ihe supreme law of the land gave the Railroads the right to come into the fed arol court. The railroad commission was hetlfied that application would be made for a preliminary injunction, and of the lime set for its hearing. The hearing vent over for about five weeks at the re- Auest of the defendants. When the mat Ter was heard, no proof was offered by he defendants, and though the court asked for objections to the injunction hone were made, the defendants saying That Il was not necessary. as the court in 4he then posture of the cases had no al- kerlative save to grant the preliminary sninnt ton, and that they did not intend lEo apreal from the order allowing It. Five Eminent lawyers represented the defend- ftnts Every one of them admitted that 9he court lad jurisdiction, and that the bills made case entitling the complain snts to relief. If, on final proof, they made Ikood their allegations. This was plain Ssven without the concession, for the su- preme court of the United States had Iften passed upon the precise question.
 During the next succeeding four months these cases took the usual course. In August, 1907, the governor of North fTarolina incensed the American people By announcing his purpose to call out The state militia and defy the orders of The federal court in North Carolina in
 rate case the Southern railway had in That court. That company abandoned the Protection of the court rather than sufrer kuin of its business there. The governor If North Carolina admitted afterward he ad no idea of such wickedness, and was faerely bluffing the Southern railway This same company, after 1t had obtained { similar injunction In Alabama. removed ! suit from state court into the federal Eourt here some time in July, 1907. The Eailway company's right to do intrastate Business was thereupon declared to be korfeited The Governor of Alabama inn hediately insisted that 1t cease business tetween local points In Alabama, declar- Ing that in so doing. after it's suit had seen removed into the federal court. 1t kas in fragrant rebellion against the laws If the state. The enforcement of his tiews would have meant ruin or suffering D thousands of men, women and children h the fairest portions of Alabama. Mo- lody desired it. The people would not lave permitted it. No one seriously con sidere6 the removal statute, and there lever was any attempt afterward to en- lbrce it's provisions against the Southern Aailway.
 Southern Railway Case.
 "The Southern railway, under force and krror abandoned the protection of the tourt here, trading off its constitutional kght to have justice done in the case, for sbmewhat increased rates. When 1t came Into court to secure formal order to Earry out the terms of its equalization \ did not disguise its reasons. It solemn N stated that 1t had not lost sight Of he momentous nature of the claim as- erted upon the part of the state and
 vowed, though 1t denied that 1t had vio-
 ted any law, that it yielded to preserve |he peace and good order of Alabama! judge would be reereant to the law and is duty, when such a state of facts IS
 resented, If he did not denounce the
 se of force and terror to drive suitors
 om the altars of Justice. The judge but
 charged a plain duty when he pointed
 lt that the recognition of the principle X,yclved struck at the heart blood of N Utilization and the life of our institutions
 , the course of his remarks from the #hrch, he stated The power Of the 4purts ia largely moral. and their deerees Ind oiGers in this enlightened country
 ~e scuuiesced in urtil reversed In the #oles provided by law. because the law hbid;ng, liberty-lovinf' American feels that kiihollt such obedience, the stability of Err institutions and the liberties they are ksgned to protect. would inevitably be hst:' and further. That 1t is wicked Ming to excite the passions of the people