The Montgomery advertiser., 1909-10-17

THE MON rate statutes. Finding the members of that body could be en1oined. he de- termindsd to do indirectly what could not be done directly, and to destroy the litigants by arresting their opera tfves in defiance of the order of the court, through the puny device of branding the States own laws as un- worthy of enforcement by its own of- ncers, depriying ail its cdlceru of authority 10 execute them, and turn ing over the whole power of the State to the keeping of privkte citizens to that end It was eptiy said of the scheme: If you mako it anybody's c suit to prevent it. is not suit against the state; if you make 1t no- body's special busfness and anybody can enforce the law, then suit to stop 1t, is suit sgainst the State" Such e contention ignored the patent consideration that the commands of the Constitution cannot be evaded by the ingenuity of . statute, and that the constitutionAlfty of every enact ment must be determined by its red- sona ble and natural and ordinary ioper- ation upon the right at which it is directed. Becanse the court whose Jurisdiction was thus attempted to be evaded. enjoined passengers and shipp- CTS through representative Of their class. and ''all other persona" from final hearing, the Governor denounced the fnjunctions then issued as diaboli- cal and ''the most unusual proceeding ever instituted, though the Suprema Court in prior cases had upheld. and It's rules provided for just such in- functions. where the parties to, be eff fective are very numerous.
 Whe was the Werfhler sn of Ala anAaf
 In my first publication in answer to the Governors attacks upon me. ! concluded a review of the Governors conduct and the bitterness which re- suited from 1t in the following para graph: T confidently leave 1t to my feliowmen 10 determine which was the truer son of Alabama and most de- voted to her interests and honor, the Federal Judge who stood for the Con- stitution and laws amid storms of de- traction and passion, directed by the chief magistrate of the State against the judge and the court: or the Cover nor. who in state papers and public utterances inveighed against the in- stitutions of his country, denounced citizens of this and other states as lawbreakers and criminals for exercis- ing a constitutional right. and con- stantly fomented excitement and pas- sion. persuading the people that their rights were being trampIed under foot by the ordinary operation of the laws of the Union. and melting citizens and State officials to resist the orders sf a court of his country by force, at a time of great popular excitement. in- vittng riot and sedition and conse- people"
 The Governor the witness Against
 HimseIf.
 The Governor is startled by the picture. He recoils from the contrast. He asks, why, in proof of the state- ment that the Governor had melted solicitors and juries to find true bills, and sherfffs to make arrests, in viola ton of the orders of the court" did not the judge refer to some of the solicitors. judges or grand juries? The Governor proves the charge. and he has already testified that he melted every one of them. Dare the Cover nor deny that he gave out interviews
 
 the Federal Court. in which he said speaking of the rate statutes. T know of no reason why every one of them should not be enforced. I shall carry out my obligation to the Con- astitution and the people. The State, of course. expects to enforce It's laws both civil and criminal. Every time a ticket is sold for more than two and q half cents per mile. the railroads vio. late the law, and the person selling the ticket. commits misdemeanor. II is the duty of every court to so charge the jurHs and the duty of every soil. cft0r to make out case.Hig
 VIII he affirm that he did not de- clare in the public prints: Tt Is difficult to understand how, any cor poration, whether domestic or foreign, can see It for their business interest to place themselves in defiance of the laws of the State and seek an tns Junction in the Federal Court" And did he not say. he would simply add, sthat negro crap shooter would be arrested In minute for any violation of the law, and I shall charge every officer that any violation of our crimi- al laws, whether by individuals or trusts, is violation of the law, and must be so charged and all alike made amenable.
 Has he forgotten that he publicly said about this time. that the sov- ereign State of Alabama would domin- ate it's own affairs." and insisted that the Federal Court was meddling with affairs which did not concern 1t, by even entertaining the complaint of the litigants? Did he not denounce the iitigants and iiken them to scala wags?"
 He cannot deny that he repeatedly declared in his public utterances that 'the people of Alabama demand as q unit that the State shall govern it, own affairs. and that whenever an, law. civil or criminal is violated, thu offender must pay the penalty" wa. he not saying about this time, "that his oath of offfce compelled him ts take care that the laws be faithful, expected.' and that he would uss the whole power of the State to that end" Could there have been a more emphatic statement by the Chief Ex, ecutive of the duty of every court to indict the officers and servants oj the litigants fn these cases, or 6 stronger indictment to every soiicitoi that they ought to prosecute them?
 Was he not writing and telegraph. ing to some of the iitigants at the time Of the excitement, when he was blazing with threats, Your road is violating these iawa avery day1 nd