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

"semi-officiaf character of the reports,
expressed the opinion there would be no
boodshed' The military, in consequence
of these reiterated reports of the deter
| mination to use them against the court
were greatly disturbed. What their duty
would be was constantly and earnestly
discussed in military circles all over the
state MY own son came to me for adj
vice as to his duty If the company of
which he was a member was called out,
as II expected / found that the COM
mandant of the Montgomery battalion
was expecting such orders, and he
frankly told me. Notwithstanding I re-
minded him OF his oath TO support the
constitution of the United States, that he
would obey the governors orders even
against the court. 1t is only just to say
that a great majority of the officers and
men of the National Guard had no SYM
pathy with the purpose to use them
against the courts of the country, and
had determined to disregard such orders.
II issued, because they were not lawful
orders
During all this period OF anxiety, when
all these things were transpirfng. and
with full knowledge of them, the COVER
nor never uttered a word TO warn any of
his civil officers that he did not mean
to incte them to make arrests in defiance
of the orders of the court. He declined
to reassure public tranquility by giving
even simple denial of any intention to
use military force. That the governor
at that time hoped by his advice to get
courts to indict and officers to mako
arrests and prosecute railroad men. and
thus bring on clash. Is shown by the
fact that he took to task Judge, whose
name he can have privately If he desires.
for charging a grand jury that the fed
eral court having first acquired jurisdic-
ton of these cases, no other court could
determine the questions before II, even
under the guise OF executing the. criminal
laws, and that they must not find in
dictments. number of the state judges
in thus advising their grand juries fol-
lowed law of nature as well as of
Jurisprudence, that two bodies cannot
occupy the same space at the same time.
AS IL by concert, to add to the excite
ment the ACKNOWLEDGEMENTS was pub
licly attacking the judge of the federal
court and assuring the people that the
governor did not intend to yield to an
usurping authority, and quite a number
of solicitors and sheriffs were rushing
into print avowing their willingness to
override the orders of the court
s'There was grave danger of serious
trouble.
THE governor says he was too young to
have had the honor to be q Confederate
SOlQ1cT. Udu tlldt iiobOi at iAio thOAs
age I understood the old soldiers, and
the sons of soldiers. better than he did.
and he knew them we'll enough to real
lie II any considerable number of them
could be wrought UP to the belief that
the court was usurpnig jurisdiction and
insulting the states officers and lawlessy
arresting their proper functions, the
brave men of Alabama would not hes
itate upon the call Of the governor or
the state, to oppose forcible resistance
TO the orders of the court. As 1t was,
the fudge of the law and equity court
of Morgan county. who was a recent
appolntee of the governor and doubtless
had great respect for the governors ad-
vice as to his duty in the premises, came
near precipitating just such clash by
charging grand juries to indict the en-
Moves of the railroad for not observing
the rate laws Notwithstanding the in
junction. Had that advice been needed
by his grand jury and true bills re-
turned, his sheriff must have summoned
a posse and undertaken to arrest and