The Montgomery advertiser., 1909-10-17

ored me with the Presidency of the Bar Association of the State, the high- sst onics 10 their rift. and did me tne great honor to select me to draw tnesr Code of Ethics.
 The House of Representatives maae me its speaker. and the people or tnis district, although declined to become candidate. sent me to the Constitu- tionai convsnticn.
 The people of Alabama honored me with the 6overnorship. and the Presi- dent of the United States, with the hearty concurrence of the people or Alabama, rendered me the appoint nent of ju1gs. Most of all cherish the confidence of my home people. who in time of trouble and distress. turned to me and placed me at the head of those who were trying to alle- vfate their distress in time Of death and gloom.
 With such record behind me. with no reward to hope for except that which proceeds from the consciousness of duty well done. and the reputation I may leave behind me, 1t Is incom- prehensible to me how the Governor of my State could wish or hope to make the people of Alabama believe that l was ever untrue to my state or unworthy of the confidence of her people.
 The Corrsspenaence with Judge Shelby
 The Governor asserts that the cor respondence with Judge Shelby is evi- dence that the judge 'had anticipated what the legislature would do. and had made up his mind to enjofn what ever laws were passed" and that 1t Hooks like the railroads had been ap- prised of his readiness to do this" A grayer or meaner charge could not well be made against judge. This. because my letter to Judge Shelby was written before the railroads had applied for an injunction. and before some" of the rate statutes had been enacted into laws" The inference is the fruit of a mind which soruples at nothing to assassinate the charac- ter of c feliowman.
 At the uate of my letter. February 24th. 1907. to Judge shelby. there was no need for any one to Anticipate" or guess what the legislature would do. It had already acted on the chief bills against which the injunction was afterwards asked. The passenger rate statute had been approved Feb ruary 14th. The act making the rates in force January first. the maximum rates. had been approved on February StAs W Aat ID AHOWn hb Inc l1V SOiu- modity Rate Bill, though 1t had not then been technically "enacted into law" had passed both houses as early as February 18th, though 1t was af- forwards banded about between the two houses on account of amend ments. Its provisions had been print ed by the two houses. and published In the newspapers as early as Feb ruary 1st. It was not formally ''en- acted into law" until the Governor approved 1t some weeks later. Every intelligent reader of current affairs. know its provisions. The railroads had all along insisted that the rates were conflscatory. They were not making efforts to prevent the pass age of these laws. so much so. that some of the legislators had publically complained. in answer to the objection that the rates were unjust, that the railroad men had not come about to give them information. The railroads were not taking any steps. so far as the public could see to prepare for compliance. in the short time the bills gave them to do so. Any one could see. from his own observation. with out being told by any interested par challenge the rates in the courts. and If they did. they would probably do so in the federal court where such litigation is usually waged. What sig nifioance then that before some of the bills had been enacted into law" that I Anticipated" the carriers would test them In the courts. and as usual. In the federal court7 If the assistance of another judge was to he had. 1t must be applied for in advance, so that he could arrange to be present when the bills were actually present. cd. It would be too late to wait untif1 the exigency actually arose. No man, who comedies ordinary sense or hones- ty to his fellowman. would infer from the circumstances that judge antici- pating an exigency. had tried in ad- vance to get assistance In dealing with it, proof that he had already made tip his mind what he would do. If the judge had already determined In advance upon a particular order. In the name of common sense, why would he ask another judge to sit with him, judge who ranked him, and whose opinion, if he differed with the District Judge. would control, and they might be? It turned out that Judge Shelby whom, requested to sit with me. would not have ordered the preliminary injunction. as to the last rates passed. He thought the evil dence did not sufficiently overcome the presumption of the reasonable. ness of the rates. to authorize that preliminary injunction. though he and all the rest of the appellate court agreed with the lower court as to the questions decided. The very fact that sought to call in an- other judge is proof conclusive that had determined on nothing save that I desired an associate.
 The first actual knowledge I had that the bills would be filed, came to me in day or So before the bills were He'd. in response to my inquiry from the counsel of the Central of Georgia Railway Company, who desir- ed to know if I would be in Mont gomery on March 25th, and upon my asking why my presence was desired, was Informed that they desired ac- ton on bills to be filed that day to enjoin the rate statutes. The Cover. nor knows fun well that the state ment that the litigants were "appris. ed" of what would be done, is utterly false. and that the counsel for the Commission admitted that the prelimi- nary injunction on those bills, was properly and unavoidably issued Not Subject to Fair Criticism Becauae
 of Connection of Members of
 Family, Under Facts
 0R the Case.
 The Governor tries to work out some l.. and N. Railroad Company, because of the fact that at different times I and some of my kin "have been. or are" in Its Service which would sway na