The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-10-17

been misled, and defiant only as 10 tbos.
who were bent on force No higher
DUTY rests on judge than to protect
suitors IN the court. and to denounce
threats of lawless violence against them
come from what source they may.
Dealt Kindly With steaqalI.
The governor proclaims he was
shocked beyond expression because a
state solicitor upon whom deputy mar
shall served process, was cited 10 sbou,
cause why he should not be held in con-
tempt for threatening to have the officer
arrested and put In jail for serving tl,s
process. What is there in that to shocr
or arouse the resentment of anvbodv,
should not solicitor as well az other
men be compelled to respect the process
or the courts? Right thinking peoplo
have no respect for a court which per
mits its officers to be insulted or brow
beaten in the discharge Of their duty
ana the courts from time immemorfal
nave treated such conduct as highly
reprehensible and punished IL accordingly.
That such an offense had been comniftad
In this Instance was widely heralded I'm
the press. II the court had passed n
unnoticed II invited a repetition which
in the excitement then prevailing, would
In all probability have led to great dis
order in other places. The court, there
tore, made an order that the matter be
indicated, IL the charge was false. and
punished If It was true.
Mr.. Steasall was never arrested m
attached, but was simply served with a
rule to show cause. He was treated hv
the court with great personal Kindness.
me nrst day set for the hearing was
postponed to suit the solicitors convan
fence. On the day thus set for his an
pearance he came informally in chambers
ana stated verbally that he did nor dsnv
the substance OF the marshal's report as
10 MS language and threats, but informed
the court that they were made jocularlv.
without any intention to contemn the AN,
thority OF the court. I told him that Z
was glad that such was the expIanatio,,
and that upon the filing OF formal an
s"er TO that effect the rule would ba
discharged and the matter ended. Ha
replied he would have the answer written
out and filed at once. However, IN left
the court room and conferred with Gov
ernor Conner When he returned ha
stated that he could not formally stata
in his answer that he did not intend 10
contemn the authority OF the court
told him that he owed 1t not only to tbs
court but to himself as a law-abidins cit
izen and high officer Of the law to
make the disavowal. Three or four or
the solicitors personal friends, the as
sistant encouragement among them. n
L recollect Alright, were present and heard
what transpired at that time They All
advised him that his position was indie
fensible. Finally. he was told that by an
hour named he must either file an an
swer disavowing any intention of con
temning the authority OF the court or
else be adjudged In contempt. He ten
filed formal answer to that effect and
the rule was discharged. I sympathized
with the solicitor in the predicament IN
which he had become involved. I knew,
ho kAs Sc
whose statutes were under review, and
that he was warm personal friend and
recent appointee of Governor Conner. and
thought in consequence he had said n
good deal he did not really mean / de-
termined, as far as I consistently could.
to relieve his awkward situation. The
court rendered an opinion in which ref
erence was made to the conflicting evi-
CONTINUED ON PAGE 8o.)