The Birmingham age-herald., 1912-10-02
REGARDING TROOPS FOR FEDERAL COURT Judge Jones Makes Public
 Letters on Subject COMER CONTROVERSY
Gives Letter From Attorney General Saying Courts Processes Would be Enforced Regardless of
 Cost or Consequences"

II Montgomery, October 1.--(Special.N- N- Judge Thomas G. Jones today said that he was going to take up one by one as soon as he could get time, all the ''hac- calaureate orator's'' attacks upon him.
 There is one matter. however" he said, that I will take up now because it dis poses of comer,s assertions, as far bacl, as 1907, and repeated at intervals since. that I became unduly excited and said all manner of things about him and the people of Alabama to the department of | Justice at Washington and vigorously called for troops, etc. I give you all the correspondence that passed upon the sub ject at that time. It fully explains the situation, what I said and did.
 Letter to Attorney General
 Here is my first letter to the Attor- ney General, dated August 8, 1s07 Montgomery. Ala, August s, 1907 ''Hon. Charles J. Bonaparte. Washing | ton, n. c.
 Dear Sir: In event his services are needed here and I wire him, do you think you could induce Justice E.. D, White of the supreme court to sit with me here? I twice asked Judge Shelby. our circuit judge. to do so. but he de- clined, because he ought not to disqualify himself from passing on the matter in the court appeals. I am not seeking to evade any responsibility in which the constitution and laws cast upon me, as have only done my duty and intend to do neither more nor less in the future. Justice Whites greater rank and .enli- hence would give moral effect to his or ders which mine would not have, if, as apprehend, the governor Sorces clash.
 .'The bills on which the circuit court granted a preliminary injunction were framed along the lines of Smyth vs. Ames, Reagan vs. Trust Go. and Prout vs. | Starr.
 'srhe respondents had 30 days in which to show cause against the issue of pee liminary injunction, and were represented by five eminent lawyers. They filed neither plea. answer, demurrer nor any contradictory affdavits whatever. They stated in open court that they did not resist the issue of preliminary injunction, and did not intend to appeal from the order. The jurisdiction of the court was undoubted, and there was nothing for i. to do, under the circumstances except to issue the injunctions. Now the clamor is raised, since the troubles in North Carolina, that the federal court is invad- | ing states rights, and Is behaving badly. simply because it did its mandatory duty. I send you under separate cover copy of the opinion in these cases. as also copy of the record in the Southern case. Please see page 26 of the opinion.
 Last Friday the Southern removed a case under fl statute whose execution was not enjoined, as was the one men, toned in the opinion. The states claim now is that the Southern has lost the right to do domestic business. You have doubtless observed in the dispatches what Is now threatened. The officers of the Southern, see by the papers. are here to patch up some sort of compromise by which they hope to be allowed to put in a passenger rate and get the court to re- yoke the preliminary injunction as 10 that and then have the court to keep in force the injunction as to the freight rates. There are some 12 of these ruil- roads, and cannot forecast the outcome; though fear an effort will be made to resist the process of the court fin all the cases. One of the difficulties which prevents respect being shown the rro- cess of the federal court, is the rumor persistently circulated, that Assistant Al- torney General Sanford gave the advice to Judge Pritchard if the state resisted the process of the federal court. thai court would not be backed up. I men tion this, not even to make an indirect inquiry as to it's truth. but simply to let you know the difficulties of the st. uation. I shall certainly do all I can with honor to avoid any complication. thought it best however, to advise you. as there is no telling at this time what a day may bring forth.
 'I am confined to the house with an old wound, but am rapidly improving, and hope to be out In few days While this is not an official letter. I suggest that giving 1t out might add to the ex- citement. which it is my purpose to keep down. Yours truly,
 | THOMAS c. JONES' Second Letter Sent
 Here is my second letter to him, dated August 10. 1907:
 Montgomery, Ala, August 10. 19o7. The Attorney General, Washington, l D. c.
 1 Dear Sir: I send for your information copy of today's Advertiser. Please see marked page 8. Also see marked page 10. deemed 1t my duty to say something if I could to dissipate the erroneous im- pressions and preJudices which seem to portend trouble. I also send you copies of the records in the rate cases. Yours !, with respect. THOMAS c. JONES'"
 ''The copy of the Advertiser referred to in that letter contained my remarks on modifying the injunction in the South ern railway case. That company set up by formal petition that it had been ter rif1ed by the governors threats abo is what he would do to 1t, It's business ana employees. and was constrained to give up the protection of it's injunction. bu. that 1t yielded only to preserve the peace and good order of Alabama Here is the reply of the Attorney Con eral to that letter:
 Reply of Mir. Bonaparte