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

tmprison trainmen and stopped trains
This must have been met by federal
power to prevent such arrests, and to
arrest and bring before the court the
men who violated its orders. The COVER
nor's admonition of duty was addressed
to every officer to every court II
followed, it necessitated raids by sheriffs
constables, policemen In every county in
the state upon trains and trainmen. What
a spectacle Alabama would have present
ed to the world. with trains along great
lines OF railway stopped and stranded at
way stations, while officers captured and
imprisoned their crews in defiance of the
order of a court. leaving the passengers
helpless, freight delayed, and United
States mails stopped in their transit
What If there had been a collision in
some OF the numerous raids, which the
governor advised between contending
posses. one seeking to override and the
other to enforce the order OF the court,
and blood had been shed? In the ex-
element and passion then prevailing dis
order would have been spread everywhere
from the first shot as quickly as lighted
match thrown into dry broom straw on
a windy day will send a tongue Of flame
all over the field. 1t was to preserve
the peace, to avoid strife, to save shame
to the state, whose people l love and
who have often honored me. that strove
to head off such a condition of affairs by
firm warning and earnest appeals. All
rtght-thinking men, whatever may have
been their opinion at the time. are now
profoundly thankful that the judicial
power of the government of our fathers.
humble though the hand be which d.
rected ii, was strong enough to stand In
the way and stop the gap
No HectorIne Lecture.
1.-The governor complains that the judge
made an angry, hectoring lecture, quar-
reling with litigants when they asked to
withdraw their suit. after they had set
tied with the state How was the set
tlement made to which my remarks re-
ferred, and In what form was the mat
ter presented to the court? The petition
of the Southern railway itself solemnly
stated that it yielded only to preserve
the peace and good order of the state
notwithstanding 1t realized the great sac
rifce involved In doing SO.
when l was informally notified that
the settlement had been made and that
the reason for making II was that the
company's property might be destroyed
and it's force OF operatives dispersed in the
clash which would result II it insisted on
the protection OF the courts, and that
formal order would be asked withdrawing
from the protection of the Injunction that
day. 1 stated to counsel I preferred the
motion should be presented later. Sign
ing the formal order without word of
protest under the circumstances thus pre-
scented, would have put the court In the
attitude OF cowardy acquescenco IN q
state OF things which profoundly shocked
the country. The governor was then
threatening to use force, not only against
the Southern railway, but against all the
other roads which remained under the
protection of the court. II trouble could
be averted by appeals to reason and a
firm statement Of the attitude OF the
court. It was my duty to speak out
plainly, and did So No man who speaks
the English tongue and reveres Justice
but would despise court which re-
manned silent when sutton comes into
court stating he was compelled to aban-
don its protection and had settled be-
cause ne would be done to death by his
antagonist If he did not get out OF the
court The courts remarks were pub
llshed at the time. They were Arm. not
ANGRY or hectoring being full Of per-
suasion and counsel to those who had