The Birmingham age-herald., 1912-09-02
Denounced as Utterly False


 die, that it was dangerous
 Denounced as Utterly False
 T do not know just what MT. Conner intends to imply by the last sentence above quoted, but taken in connection with the two preceding sentences 1t bears the insinuation that if were still a member of Congress I would do the bidding of Archbold, Ryan. Belmont. Morgan and Rock kefeller. If MT. Conner means to insnuate anything of that kind I here and now denounce 1t as utterly false. I represented the Fourth congressional district of Alabama in Congress for six years. My record was an open book; my constituents know whether or not I represented them with fidelity and with a single minded de- votion to their interests. I retired from Congress voluntarily. 1 could have been reelected by those constituents if I had been candidate. MT. Conner was governor of Alabama for four years but could not have been e-elected to any office within the gift of the people when his term had expired
 Other Statement Equally Untrue
 His other statement is equally un- true. I made a speech at Montgomery during the extra session of 1907 upon the invitation of the business men of the state. I have copy of that speech before me today. l did not demand that the legislature adjourn sine die, nor did l declare that 1t was a dangerous body, nor did l say anything that justi- fled any such conclusion. I did object to the proposed legislation as uncon- stitutional, and I said 1t was more than unconstitutional, that 1t was unjust, and l stand by both statements today. majority of the bills to which I objected as being contrary to the con- stitution of the state and of the United States were declared so by the supreme court of the United States in the case of ex parte Young, and the same leg islature which enacted them, upon the advice of the attorney employed by Governor Conner, repealed many of these unconstitutional enactments. They marched their army up the hill and marched it down again All the bal ance of the acts to which objection was made have been, after a fair trial, de- clared unconstitutional and void.
 AS for MT Corners insinuation that e H. Smith, I shall pass 1t by with the contempt which it deserves.
 Attack on Judge Jones Unjust While the rate cases were pending before Judge Jones I felt it matter of doubtful propriety to answer the charges that were made against him from one end of the state to the other by Governor Conner. Those cases have now been decided in favor of the com plainants. The state authorities have announced through the press their in- tention of appealing the same to the supreme court of the United States. l feel no hesitancy therefore, in saying that the assault upon Judge Jones by Governor Conner is utterly without jus tification. There has never been in the history of the state an instance where man doing his duty has been pursued, maligned and slandered as Judge Jones has been In this controversy
 Issued Without Objection
 The attack upon Judge Jones began before single contested ruling had been made by him in favor of the complain ants. In order that the people Of this state may see and know how utterly wits- out justification this assault has been upon him I will state the facts as they are disclosed by the record, and l now challenge Governor Conner tD deny and disprove from the record a single state ment that l make. When the original bills were filed Judge Jones declined TO grant even temporary restraining order until the state authorities, who were the defendants, had received due notice and had come into court. Governor Comet selected as counsel for the state Frank $. White, Samuel D. WeaSlcy, Richard w. Walker, H. c. Selheimer and Horace Sfringfellow, and Alexander M. Garbcr also represented the state as it's ;ttorney general.
 No abler, cleaner or higher-minded lawyers ever practiced at the bar of any state When they came into court they made no objection to the granting of the temporary restraining order They, of course, did not consent to it's being granted but they did not stand in then places and say that it ought not to be granted under the allega tions of the bill They made neither argument nor suggestion as to why the temporary re- straining order should not be granted Afterwards the cause was set down to be heard on an application .or n tero- porary writ of injunction When that perfectly competent for the attornevs representing the defendants 70 have put in an answer under oath denying the al- legations of the bill if the facts had wal ranted such proceeding. They did not file an answer under oath, as the bill had heen; they filed no affidavts in opposition to the granting Of the writ Of temporary injunction; they made no argument