The Montgomery advertiser., 1909-10-17

which my remarks referred. and in
 what form was the matter presented
 to the court7 The petition of the
 Southern Railway Itself solemniy stat
 ed that if yielded only "to preserve the peace and good order of the state"
 notwithsfanding 1t realized the great
 sacrifice involved in doing %;
 When ! was Informally notified the
 settlement had been made. and that the reasons for 1t was that the com
 pany's property might be destroyed
 and Its force of operatives dispersed In the clash which would result # it insisted on the protection of the court
 and that formal order would be ask
 ed withdrawing from the protection of
 the injunction that day. I stated to
 counsei preferred the motion should be presented later, Signing the for-
 mai order. without word of protest under this circumstances thus presented would have put the court In the attt- | tude of timid acquiesence in a state | of things which profoundly shocked the country. The Governor was then | threatening to use force, not only | against the Southern Railway. but l against all the other roads which re- | mained under the protection of the court, If trouble could be averted by Il ment of the attitude of the court, 1t
 was my duty to speak out plainly, and I did so. No man who speaks the 1 English tongue and reveres justice, but would despise court which re- mained silent. when suit comes in- to court stating re was compelled to abandon its protection, and has set tied" because he would be done to death by his antagonist If he did not | nil faf rTlA F1. marks at the time were published. They were firm. not angry or hector ing."l being full of persuasion and l counsel to those who had been misled. and defiant only as to those who were bent On force. No higher duty rests | on a judge than to protect suitors in l the court. and to reprobate threats of
 lawiess violence against them, coming l from what source they may.
 Dealt Kindly With stesGan.
 The Governor prociaims he was
 shocked beyond expression" because
 State Solicitor. upon whom deputy marshal served process. was cited to show cause why he should not be held
 in contempt for threatening to have the officer arrested. and put in jail for serving the process. What is there In that to shock or arouse the resentment
 of anybody? Should not Solicitor. as well as other men. be compelled to re- spect the process of the courts? Right
 thinking people have no respect for . court which permits It's oficers to be
 insulted or brow-beaten in the dis charge of their duty. and the courts from time immemoriai have treated such conduct as highly reprehensible and punished 1t accordingly. That
 such an offense had been committed in this instance, was widely heraIded In l the press. If the court had. passed 1t unnoticed, 1t invited . repetition. which, | in the excitement then prevailing, and the great number of papers which were being served, would In ell probability l have led to great disorder in other places. The court, therefore, made an l order that the matter be investigated. that the solicitor might De vindicated. if the charge were false. and punished. | if 1t were true.
 | Mir. SteaEall was never arrested" or attached, but was simply served with
 a rule to show cause. He was treated | by the court with great personal kind-
 ness. The day first set for the hearing | was postponed to suit the solicitors | convenience. On the day thus set for his appearance. he came informally in | chambers. and stated verbally that he l did not deny the substance of the mar | l threats, but informed the court they i were made jocuiariy. without any in- I tention to contemn the authority of l the court. told him that was glad I that such was the explanation. Rne that upon the filing of a formal an swer to that effect. the rule would bt discharged and the, matter ended H. l replied he would have the answer writ. ten out and filed at once. However. he l left the court room and conferred with | Governor Conner. When he returned he
 stated he could not formally state in l his answer that he did not Intend to contemn the authority of the court. told him that he owed 1t not only to l the court. but to himself as law
 abiding citizen and a high officer of the 1 law, to make the disayowal. Three or four of the solicitors personal friends. l the Assistant Attorney General among them. if recollect alright, were pres ent, and heard what transpired at that time. They all advised him that his position was indefensible. Finally, he was told that by an hour named. he must either file an answer disavowing any intention of conforming the au- l thority of the court or else, be ad- | judged in contempt. He then filed a | formal answer to that effect. and the | rule was discharged. l sympathizsd with the solicitor in the predicament in | which he had become invoived. knew l he was a member of the Legislature 1 whose statutes were under review and ] that he was warm personal friend and 1 recent appointee of Governor Conner,
 and thought In consequence he had ] said good deal he did not really mean I I determined. as far as consistently could, to relieve his awkward situation n. court rendered an opinion. ir I which reference was made to the con. l dieting evidence. stating that 1t "could l readily understand how the deputy | marshal had been impressed. although
 the solicitor did not 50 intend. and
 without referring to the strange hesi'
 tancy of the solicitor to put on record
 what he constantly avowed informally announced that the court takes pleas. | ure, therefore. in adjudging that the
 respondent stands. fully acquitted. Governor Conner was evidently desiroui
 that the solicitor make a martyr ei | himself, that he might use the Incident 1 to further swell the tide of public pas. sion. Numerous dispatches were sent l from Montgomery to outside papers among them, to The Chicago Tribune which paper. after referring to the fact
 that 'llr. Steagall was a member of | the House which passed the rate bills
 and was recognized as one of Governor
 Comer's leaders" further said: "It is