The Birmingham age-herald., 1912-09-02

as in all other cities of the state
 nounced Judge w. S. Thorington and Col. W. A Gunter, two of the cleanest. ahlest, highest minded lawyers of this state, and ] has claimed that they were fixed jurars. Every man, according to Governor Comer, is dishonest who differs from him in any particular. Every man who has worked for a corporation at any time in his life forfeits thereafter all claim to public confidence. I suppose l should modify
 this statement; l suppose that Governor Conner really thinks that the only business which makes men utterly corrupt and dis honest Is the railroad business. 1 sup pose, of course, there are no ,-----orest men in the cotton mill business, or in the mercantile business. in the banking business, or among the farmers. Only the railroad men are corrupt and unfit for public trust.
 MT. Comers attacks upon MT M. II. Smith are equally unjust. The state of Alabama has never had a better friend than MT. Smith No single citizen of this state has contributed as much to the up building and development of the state as Milton H. Smith. He has done more real intelligent, effective work for tho develop
 ment and upbuilding of this state with his little finger in a single year than MT. Conner has in his whole lifetime. He has
 not given Alabama high rates; he has not made unreasonable returns from the busi- ness In Alabama for his railroad. His
 rates are lower in Alabama than the aver age of all other rates in Tennessee, Mis-
 sissippi, Florida, Georgia or upon the
 other roads fin Alabama.
 Willing to Abide by Decision If Colonel Gunter and Judge Thoring- ton have been partisan and unfair, and they have been neither; if Judge Jones has been partisan and unfair, and he has
 been neither, the railroad commission of | Alabama has the right to take this case to | the supreme court of the United S.ates. That court is the equal of any in inteli- gence, and the superior of any Tn dignity and importance on the face of the earth. The Louisville and Nashville Railroad company is willing to abide by and obey | the decision of the supreme court of the l United States. It was willing to abide by | and 1t did obey, the order of the court 1 of appeals to put in these rates tempo rarily, and to make a test of them It l did so and the result of that test vindi- 1 cated it's position If it is mistaken, If an | improper judgment has been rendered in 1 its favor, the supreme court Of the United 1 States can correct 1t. Not a member of l that court was ever employed for a day | by the Louisville and Nashville railroad l It is willing to abide by the decision of | that court, but Governor Conner does not
 seem to be willing to do so
 | When Colonel Mallory and Governor | O'Neal were candidates for governor Mir. Nesbitt showed a great deal of I solicitude to ascertain the position of l both candidates for governor in regard
 to this case. He wrote each of them an
 open letter, in which he specifically
 asked if they would agree that the case
 should be appealed to the supreme
 court of the United States if de-
 cision adverse to the state authorities
 was rendered. Both candidates for gov
 ernor answered in a manner satisfac-
 tory 10 MT. Nesbitt.
 The time has now arrived for the
 taking of that appeal. Notice has been
 given through the public press that 1t would be taken. Personally I have 1 thought that 1t would be the part of wisdom to delay the expense of print i Ing the transcript, at least until the
 supreme court of the United States passed on the Minnesota and other 1 cases; but, however that may be, the
 Louisville and Nashville railroad has
 always been willing, and is willing ! now that this case should be taken i'm
 mediately to the supreme court of the United States for it's final determna- 1 ton, and it has been and 1t Is willing to | dDlut Dy anu DtTlOIn WndlSNtT JudR- | ment that court renders, whether 1t Is
 in favor or against 1t. but MT. Conner,
 unlike MT. Nesbitt, seems wholly un- willing that the case shall go there. l He wants to appeal to the legislature, l and not to the courts; he wants a po-
 litical trial of the issue, in political
 body, and not a judicial trial, In q 1 judicial body
 Cannot Be Tried on Stump
 "The Louisville and Nashville rail-
 road does not believe that law suit
 can be tried on the stump; 1t does not | believe that law suit can be tried in
 the legislature, but 1t feels that an in- justice has been done 1t by the attacks
 which have been made upon It, and 1t
 intends from time to time to state it's position in this matter through the public prints. It has heretofore pur-
 sued the policy of silence, because its
 case was pending in the courts where l it felt it ought to be tried, but now
 that a decision has been rendered in
 it's favor. and new political attack has l been made upon 1t, 1t feels that 1t Is It's
 duty to it's customers, to its patrons,
 and to itself, to state its own side and | it's own position directly to the people. 1 It does not believe that is the way law suits should be heard or settled, but | it does believe, and it does insist that
 1t has a right. and it proposes to exer-
 else that right, of presenting from time
 to time its attitude on this question. 1t
 has done so without abuse or villifca-
 ton; it has been abused and villihed,
 l. but it has not replied, and it does not l intend to reply in kind. It has implicit | faith in the justice of its cause, and it will pursue it's course unafraid, unin- | tirnidated and undeterred by the attacks
 of its enemies