The Birmingham age-herald., 1912-10-02

printed records in the rate cases, and the orders made therein. am glad to have these. and am obliged to you for your thoughtfulness and courtesy in sending them to me.
 Referring to the contents of your let- ter first named. I take pleasure in as- suring you that the statement to which you refer. in regard to Assistant Attor- ney General Sanford's communication to Judge Pritchard, is not only untrue, but Is directly the reverse of the truth. This department has announced publicly. and on more than one occasion, that 1t would see that any process of any federal court requiring executive enforcement, was duly enforced without regard to cost or consequences. While I should not have hesitated to make tie announce ment on my own responsibility. and in fact. did so. nevertheless. am in posi- tion to say that it meets with the cordial approval of the President
 MT. Sanford was sent to North Caro- lima by reason of reports to the effect that resistance to federal process was contemplated in competitor with the habeas corpus cases about to como before Judge Pritchard. His instructions were, to report immediately to the department what action. if any, was necessary to insure respect for such rEocess, and in case of emergency, he was authorized to take appropriate action on behalf of the department without reference. It was ascertained, however, that, although same talk had been indulged in, to the effect indicated none of the responsible state officials had authorized it, or con- templated any such resistance. and Gov ernor Glenn assured MT. Sanford that nothing of the kind was intended. or would be attempted. You are not only authorized to publish the statement that the department will take all necessary measures to secure the enforcement of federal process, but it would be a source of satisfaction to the department if as wide publicity as possible could be given to this statement.
 What MT Sanford refused to do, was to comply with the request of counsel for the Southern railroad, that the government should call to Judge Pritchards attention officially the dis regard of his injunction and ask for
 
 officers guilty of such disobedience. The counsel for the railroad claimed that such course. on his part, was authorized by the precedent of the Shipp case. now pending in the United States supreme court, but MT. Sanford, with the entire approval of the de- partment, thought no such interven- ton, by the United States. was ad- visable, or in any wise appropriate un- der the circumstances. As above stated, I entirely agree with his view on the matter. If the railroad company had asked for an attachment for contempt, and Judge Pritchard had issued one, it would, unquestionably. have been OK ecuted. but there seems to me no req son. and certainly no necessity, for the government to take action, which. according to my own experience, and that of every lawyer with whom l have had any opportunity to confer on the subject. has always been initiated. either by the parties affected, or else by the court of its own motion. The analogy of the Shipp case seems to me, as 1t did to MT. Sanford, alto gether too remote to serve as a pre- oedent With respect to your sugges- ton as to MT. Justice White, I must own to some doubt as to its expe- diency. The department will, however be happy to forward to him any com munication you may think 1t advisable. to send on the subject, together with q letter explaining Its position regard ing these cases. I venture, however. to repeat the very emphatic assurance that the statement attributed to As- sstant Attorney General Sanford was never made, and that every federal court will be sustained by the depart ment in the execution of its processes. so far as executive enforcement of the latter may be needed.
 Believe me, as ever. my dear judge, yours most truly,
 CHARLES J. BONAPARTE."
 The judge added. although the cor respondence was official, he would not have given It out without first consult ing the department of justice. He wrote MT. Bonaparte and Mir. Wicker sham asking if there was any obJec- ton and both replied in the negative The present Attorney General, return ing MT Bonapartes letter. said: The views 1t expresses and the attitude 1t discloses are precisely what would have been my own under the circum- stances of the case"
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