The Montgomery advertiser., 1909-09-13
FART I.
Refers to sansen Speech

Refers to Samson Speech.
 ~More than a year ago. the Governor sf the State in a bitter diatribe. as- sailed me as a Judge of the Federal Court before an assemblage of my fell low citizens at Samson. He afterwards revised and printed the speech, distrib- uting 1t broadcast over the State. l took no public notice of the attack. In the last ten days. again soiiing the dig nity of his office and disda s.ing all the finer traditions which for ages have guided men in public station, in dis cusslng the acts or motives of other departments of government, he has gone from stump to stump repeating his coarse attacks, misrepresenttng my rulings and those of the Appellate Court in the rate cases. and denouncing me for sitting in cases, which could not refuse to hear without cowardly evasion of duty. and a violation of my oath of office.
 ssThe endorsements of a judge in repelling such attacks. however mali cious and unjust. are many and ob- vious A judge can not go upon the stump to make reply. He is prevented, by a proper respect for law, to which he is bound to set an example of obe- aience or be disgraced. from employ Ing the means to resent insult which are ordinarily open to high spirited
 
 without defying a just public opinion. break away from the restraints which his ofiace imposes and deal with his mAsailant in harsh retort and bitter personaiIttes. however inviting the field. It Is a delicate matter for judge to discuss even past acts and oc- currences Tn a case which is still pend Ing. Upright and brave men, there fore, never hack at 6 judges motives In rendering a judgment in harangues before public assemblies. The consti- tution provides the only fit tribunal to hear and decide such issues.
 Attack ls Deliberate.
 s.The Governors words are not spok- eu in the heat of debate. Ills utter. ances are deliberate. Ills motives are unrnlstakable. The operation of any law which limits his authority is In his eyes, an evil to be resented as per- sonal grievance. He despises the con stitution of our fathers because it pro- vides tribunals inferior to the Su- preme Court, which, in certain cases. every citizen of the United States may freely enter and be protected. One ot ! these tribunals, in which 1t was my lot to be a judge, taught him that ours IS a government of laws and not of men. and that a Governor. as well as other men who do not respect the institutions of the country, can be forced to bow to the constitution. TheI efore, the judge of that court must be destroyed In pup. lie esteem, and the court itself deprived of moral influence among the people, II he can accomplish 1t. Assaulting the character of the judge will subservt both his ends.
 .sMalicious frothings upon the stump cannot change history. The events, in which he and had part, which he recites on every stump, brings shame fo him. not to me. The reasonabIeness of rates which had long been discussed or the hustings ceased to be poliueai question, when 1t became the subject of judicial Inquiry. In the year isv'' when on the 18th of March, some cases ware brought in the Federal Court Tor fhe Middle District of Alabama by clt- items of this and other States, to de- fend a property right which they averred was in danger of conhscation' These bills sought to restrain the en- forcement of the rate statutes and the residence of the defendants compeiie' the Hing of them in this district.
 Reviews Rate Cases.
 'srhs supreme law of the land gave the railroads the right to come Into the Federal Court. The Railroad Commls- sion was notified that application would he made for e preliminary injunction And of the time set for its hearing. The heartnR went over TOT ADouS nNS "SS'NS at fhe request of the defendants, and though the court asked for objections 10 the injunction. none were made. the Attendants saying that it was not nec- easary. as the court in the then posture ne the cases had no alternative save to rant the preliminary injunction, and $hat they did not intend to appeal from ehe order allowing 1t. Five eminent fawyers represented the defendants. rsvary one of them admitted that the court had jurisdiction and that the S,lils made a case emitting the com claimants to relief. If, on final proof. tssv made good their allegations. Fms v1as uIain even without the concession Tar the Supreme Court of the United states had often passed upon the pre- else question.
 s'During the next succeeding four n,onths. these cases took the usual course. In August, 1909, the Governor of North Carolina incensed the Amer ican people by announcing his purpose fo call out the State militia and defy the orders of the Federal Court In North Carolina in a rate case the Southern Railway had in that court That company abandoned the protec- tion of the court rather than suffer ruin of its business there. The Governor Of North Carolina. admitted at<erwards he had no idea of such wlckedness. but was merely bluffing to the Southern RaflWaw This same company, after il