The Birmingham age-herald., 1911-01-12
COMER SENDS HIS LAST
 MESSAGE TO THE LEGISLATURE
CONTINUED FROM PAGE p


 the farmer boy will have sense enough to remain on the farm.
 Between the state government and the federal, district and circuit courts within the past few years there has been fric- ton.
 Four years ago a federal, district or circuit judge could practically tie up a state legislature In Alabama, four years ago, the judge of the inferior fed eral court made of himscelf a czar of our laws. The duma of the Russians in it's first attempt at legislation for con stltutional government was not treated with more contempt by the Czar than was our legislature in the attempt to legis- late against the power and dominance Of the railroads.
 Giving the judge the credit for beiev- ing that our laws establishing the 2h cent passenger rate and reducing the rate on no articles of common production, consumption and use, were confiscatory and destructive; that it was his duty to interpose the power of the federal govern ment to protect the great railroad prop erty of the state, yet 1t was a dangerous proposition to put within the power of one mana man who could have passed his life in the employment of one of these railroads and could have always been their partsan-the ability to tie up the legislation of a sovereign state, 2,25O,Oo0 people-and bind every officer of the state, every citizen of the state, and theaten them with dangerous penalties with heavy fines and jail sentences which could be imposed without trial by jury, but simply by citation from the judge. himself. The state was advertised to the world as being in most riotous condition, arrangements were made for federal troops, and this judge was ad- vertised as the great salvador of the rail- road properties of the state, as against railroad batting, and railroad confiscating by the legislature of the state, etc. To say that the state was stunned, humili- ated, is putting 1t mildly.
 On the appeal of the state to the fed eral appellate court at New Orleans that court set aside Judge Jones' injunc- ton and the laws and rates were put in operation, and have been In full force for many months, and have proved not de- structive, but to the contrary, for every railroad has prospered hereunder. In the writs of injunction the judge, himself. ipsi dixit, declared the most sweeping penalties, nothing less than fines and jail sentences against every officer and citi- zen of the state. if any or all of them failed to comply to the fullest extent with the full text of the injunction issued from this court. In fact, one of our dis tinguished citizens, Hon. H. B. Steagall, solicitor of the Third judicial circuit, was cited to appear before the inferior federal court for idle words spoken in jest to a deputy marshal 100 miles distant from the court. The rates were put in. There was no confiscation nor hurt that followed the putting in of the rates; doubt If any enc other than the learned judge himself ever thought there would be. In mak- ing this statement I am not animadvert- ing against the power of the courts nor against penalties for violations of their decisions, but am simply trying to call attention to the too common and too easy contempt for state laws. I am sure that very many will agree with me that the judge of our inferior federal court has helped to bring this about. I feel fur ther assured that this is not the policy and should not be the policy of the fed eral or any other government
 The attempted railroad injunctions in Alabama were trevesty on justice and a virtual suppression of the claim of the legislature to enact reasonable statutes restraining the charges upon the peo- pie.
 Under our reduced passenger and freight rates, railroad business of all kinds has largely increased and proven more profitable. In the increased passen- ger business the anti-pass law helped very much. While nothing has been said of the express rate reduction, this reduc- ton has greatly increased the fish and oyster businss out of Mobile, the ice. truck and produce business everywhere, and the small shippers have been great ly benefited. We must conclude that under the so-called drastic and confisca- tory laws every species of business has prospered.
 State Capitol
 take pleasure in stating that the most satisfactory condition exists in ev-