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

already been extended to Senator Ollie James of Kentucky, who, as is known, was permanent chairman of the demo- cratic convention at Baltimore. That Senator James will accept is generally believed.
 Business of Convention
 It is probable that the convention will occur in one of the theatres of the city preferably the Orpheum. Each club of the state will be represented by one dele 
 against 1t, and they publicly announced that they would not appeal from the granting of the temporary writ of injunc- ton. If just cause had existed why this injunction should not issue it would cer- tainly have been incumbent upon them to have made it known to the court, ana if the court held adversely to them it would have been their duty under those circumstance to have taken an appeal. But neither course was taken Under tho circumstances there was no course open to Judge Jones except to grant the tenn porary writ of injunction.
 Only Mode Afforded
 And when finally the states counsel filed an answer in these causes when they came to that part of the bills in which it was charged that that proceeding ill equity was the only way by which tue complainant could test it's rights in this matter they said Defendants in answer 10 paragraph 2S of said Dill say: They admit that the provisions of the several acts of the legislature of Alabama set forth in said paragraph are correctly stated therein, and they admit that the suspension of said rates by the iuSItu- tion of proceedings for such purpose as provided by the legislature of said state Is the only adequate mode afforded by the eornplainants for asserting a defense to the same.
 Let 1t be remembered that the act of the legislature of Alabama adopted by and with the consent and approval of Governor Conner himself expressly pro vided that upon test of these rates Tn court of justice they might be sus- pended during the pendency of the pro- oeedings And it was admitted In the an- swer that the suspension of the rates In the manner therein provided for was the only adequate method afforded to the complainants for making a test of the validity of those statutes.
 Begins Campaign Vilification
 "Yet, notwithstanding the fact that tte equity of the bill on its face was express y admitted, notwithstanding the fact that the propriety of the original writ of in junction was not controVerted or denied by counsel representing the state and notwithstanding the fact that the original injunction was issued without an obJec- ton and without even an appeal. Cover nor Conner, observing how successfully campaign for intimidation had worked in the stato of North Carolina in which the Southern railway was the defendant, began a campaign of vilification ana abuse not only of the Louisville and Nash- vile Railroad company but of the court itself without precendent and without a counterpart in the history of this coun- try. He denounced the complainant for insttuting a proceeding sanctioned ty the very statutes which he had approved and he denounced the judge for issuing an injunction to which no objection whatever had been made.
 Later on when an attempt had been made throughout the state to procure a violation of the injunction, when notice had been served that the writ would be treated as a nullity, an application was made not to change the injunction in the slightest manner, but merely to extend the same injunction to the sheriffs and solicitors of the state in order that the complainant might be protected while suit was pending. Then, and not until then, was a real controversy instituted before Judge Jones. subsequently, lne extra Ses- sion of the legislature was held in Novem- Der, 1907, various acts were passed, the intent and purpose of which was to deny to the complainant the right to a trial of its case in court. Judge Jones, upon a hearing, held these statutes to be void The supreme court of the United States in the case of ex parte Young held t-.e same thing with reference to similar stat utes in Minnesota. The circuit court of appeals did not sustain the validity of these acts. Upon the contrary 1t held that the suits were properly in court, but 1t said there ought to be a test of the rates before making the injunction permanent. and to this extent only they decided in favor of the states contention. The com rlainant, in response to the requirement of the court of appeals, put in a test or the rates, and that test showed that the rates were unremunerative. and that they were unfair and unreasonable, and after a full and complete trial they were held to be void.
 Attacks Just as Baseless
 Governor Conner attacked Judge Jones and denounced him just as he is attack ing him and denouncing him today, be- fore he had rendered a single adverse de- cision He attacked and denounced him for rendering an injunction that he ought to have rendered. His subsequent attacKs have been just as baseless. just as devoid of Justification and of merit as his original ones.
 Judge Jones Bound to Try Case
 "fhe injustice to Judge Jones is fur ther shown by the fact that he had no option in the matter of hearing these cases. Judge Jones was not disqualified from hearing the cause, and ne could not refuse to hear it. The suit was brought in Montgomery, because the law of the state requires that the railroad commis- sion of Alabama should be sued in Mont gomery. It was brought in the federal court because 1t asserted a defense under tho federal constitution. This defense de- pended upon the facts, and the supreme court of the United States could not pass upon those facts on appeal from the ruling of the state court It could only examine the facfs on anneaI from q ruling of the