The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-10-07
Reply to Statements of
Federal Jurist.
An ABSENCE OF JUSTICE
ASCRIeED BY GOVERNOR
Reflects On Singleness Of Mind Of
the Justice.
Says Injunctiens In Recent Railway
Rate Cases In Alabama Grew
Out Of Biased View
P0int.

Replying to the statement OF Judge
Thomas G. Jones. Of the United States
Court Of the Middle District Of Ala
bama, Governor Conner yesterday is
sued q lengthy interview. in which the
course Of Judge Jones in the trial of
the railroad rate cases is criticised,
and In which many Of the allegations
are denied.
The Federal Judge, says the Cover
nor in his interview. was prejudiced.
Long association with the railroads,
according to the interview. rendered
Judge Jones unfit TO sit in the cases.
One instance OF Governor Corners be-
lief in the prejudice Of the Judge. as
taken from the interview. is:
He Judge Jones) submits letters
showing that he wrote asking Judge
Shelby to sit with him in the rate cases
and Judge Shelby refesed. This corre-
spondence shows that he made his re-
quest before some of the rate bills were
enacted into laws: before the railroads
had even asked for an injunction. This
Is evidence Of the fact that he, antic-
ipating what the Legislature would do.
had made up his mind to en5oin what
ever laws were passed. It also looks
as IL the railroads had been apprised
of hts readiness to do this. -
ing Judge Shelby to SIT with him, and
being refused by him, he tried other
Judges and was refused, and that he
himself was then compelled to enJoin
the rates and try the cases. In my
opinion, he did not have to do anything
of the kind.
erected himself into BrobdiRgnagfan,
which obscured the whole State and
all the courts OF the State"
Governor Conner tells OF his inter-
view with President Roosevelt. fol-
lowing the arrest of Solicitor II. d.
steagali for contempt. at the instance
In his conclusion he upholds the
IT subnaik tAas (precsding stateusentsl
s.sssz4as4 slightest evidence that could pos
sibiy be secured that the Alabama
rates are not conascatory, but are up
the statement Of the Governor in
full Is:
September 18th. criticises my course as
chief executive and charges me with
having attempted to incite state ON
to violate the orders OF his. court. He
further asserts that / was about to
call out the State troops to interfere
with the execution of the orders or
his court, and charges that l said to
president Roosevelt that unless he call
ed down his Federal Judge In Alabama
there would be trouble: that re-
ceiyed from the President the char
acterfstic reply that TX made any
trouble In Alabama, the President would
see that it did not last long. He makes
the further statement that civil war
was narrowly averted. He asserts that
from the very nature of the case and
mot of his own volition he was COM
pelled to try the rate cases. and says
that railroad employees came to him
begging the protection of his court
from arrests. etc. These and many
more charges and invectives are en-
bodied In his letter.
Judge Unftted by Environment.
'Tt Is true l have criticised Judge
Jones and have stated that on account
OF his environment he was not fitted
to sit upon the rate cases of Alabama.
The fact that he was an almost life
long employe of the l.. and N. Rail-
road, and that a large number OF his
family, brothers and son. have like
wise been, and are. employed by the
same railroad, shows from the very
nature of the case that he was bound
to be prejudioed, and. however fair
he might believe himself to be. with
this environment and his disposition, 1t
was impossible for him to give the
state a fair. impartial trial. The sa-
credness 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.
early after Judge Jones began the
practice of law he entered the employ
ment of the l.. and N. Railroad and
as stated by himself. quickly attracted
the favorable attention OF Mr.. Milton
II. Smith, President of that road, and
virtually became his protege. Until
= T..
the employment of the l.. and N. Rail-
road. have heard IT stated that Mr..
smith. President of the L. and N. Rail-
road. urged that the President appoint
Judge Jones Federal Judge.
|"Before he was put on the Federal
bench, Judge Jones, while a member
of the Legislature, defeated the at
tempt by Capt. Walter Bragg TO secure
for the state a stronger and more eff
1ectiye railroad commission law. While
Judge Jones was Governor in 1890-94
/. as q citizen and a shipper. represent
ing other citizens and shippers. went
10 him and asked him to use his in
auence to help In the passage of a bill
giving the Railroad Commission power
10 eoualize freight rates and prevent
dIscrirninat ton. I received cold treat
mont and met with no success.
Judge Jones was a member of the
Constitutional Convention which franz
time after his public services as Leg
fslator, Governor and member of the
Constitutional Convention he returned
TO the employment of the L. and N.
Railroad. He remained in mis- employ
ment until he was appointed a Fed
eral Judge.
railways Against LeElslataOn.
THE long continued agitation re-
gardiug the present freight rates Is
part Of the history of the State. AS
shown above. Judge Jones twice be-
fore passed adversely on this ques-
tion---once as legislator and once as
Governor. In his letter of the 18th of
September, he calls attention TO the
fact that ne felt he would be critiois-
ed for en3oining the rates and trying
the cases. II he felt so. and he says
he did. he should not have tried them.
He submits letters showing that he
wrote asking Judge Shelby to SIT with
him In the rate cases and Judge Shell
by refused. This correspondence
shows that he made this request be-
fora moFaA Of kiaa rata hilla were anact.