The Montgomery advertiser., 1906-05-04
CRITICISM
 OF JUDGES Ti1lman Makes Sensa- tiona1 Speech. INDIVIDUALS ARE SINGLED OUT Swayne and Pardee Among Those Who Are Condemned. south Carolina Senator Declares That Many of the Jurists are Un-
 doubtediy Prejudiced in
 Favor of the Rail-
 

Washington. May s-This is the last | day for general debate in the senate on the railroad bill and it was fully occupied. Following brief speech by MT, Nelson. Mir Tiilman spoke at length in an effort to show by criti- cisnl of individual judges that the power of granting temporary injunc- tions by inferior United States courts should be taken from them in the in- terstate commerce commission cases and 1t was followed by Messrs. Bacon, Batleey, Teller and Foraker in speeches of some length.
 Mir. Tillmans speech consisted main ly of quotations reflecting upon the conduct of federal judges in different parts of the country. While he was speaking he engaged in controversy with Mir. Spooner. in which the Wis consin senator characterized his adver- sary's reference to him as indecent" and during which Mir. Tillman ordered Mir. Spooner to take his seat
 Mir. Bacon criticized the course of Mir. Tillman as calculated to produce false impression on the country, and was in turn censured by Mir Bailey who held that while the offlce of judge Is entitled to the greatest respect, there should be no reverence for judg- es as men.
 The army appropriation bill carry ing an appropriation of about $74,0o0,- 600 was passed.
 Mir. Tillman took the floor to put into the eReord a number of statements he had gathered to justify his position that the people distrust the federal courts. Preliminarily he announced that he did not intend a wholesale on- slaught on the judiciary and he ac- quilted the supreme court especially of questionable proceedings, although he Aatn ff ttN1ahh1n1g
 Prejudice of Judges.
 Tn the South, he went on, there were many excellent judges. but on the oth- CT hand some. of them had been guilty of very questionable and discreditable acts. Many of them were, he said, un- duly prejudiced in favor of the rail- roads and were wholly unfit to be trusted with the power of passing on railroad questions. Hence he argued, there woulI be no great risk in pre- venting their interference in such cases. Tt is utterly absurd to show that the judges are higher creatures than other men," he said.
 He referred to the division of the Supreme Court on the income tax case saying in that case one of the judges had changed his mind. Thus" he sad. the practice of a century was reversed and the court, submitted
 
 highest court of the country must be sustained" He could not accept the idea that there was anything holy about a judge, and when wo see how the highest judges differ or change their minds possibly because something gets the matter with their stomachs. or they sleep badly we cannot be biams. if We conclude that they are not infallib'e."
 !ie therefore saw no reason why non. suspension rrovison should not he tried out"
 He also cited other cases ia other courts irtendcd to show that some judges mot only not infallib's but not inCorruptible." The frs: of the references was made to Judge Smith McPherson of Iowa, who was repre- scented in an article in The New York World of the 30th of March last as having appeared at a banquet to Gov ernor Cummins at Council Bluffs in such conditions "so as not to be able to stand up without cllnging to the table"
 Carter Defends McPhersOn.
 Mir. Carter defended Judge McPher- son as a man of great learning and of problty of character.
 If in participating in the banquet he had entered into the spirit of the oc- casion he had merely shown himself as a good fellow. He criticized the course of the man. who had given out the occurrences at a banquet He had never heard anyone intimate that Judge McPherson was guilty of an ex- cess in the use of intoxicating liquors.
 MT. Deliver said that the judge had never been charged with a want of judicial unfairness.
 Mir. Tillman next referred to a pleas ure trip to Tampico given by three railroads to Federal Judges McPher- son. Phillips and Pollock. The account was condensed from The Kansas City paper and showed that the judges had been transported in n special car and was accompanied by the general solic- itors of the railroads giving the ex- cursion. MT. Tillman said that Judge Phillips had been especially commend ed by the President in connection with the Paul Morton case and he con trasted the Presidents course in this case with his course in criticizing Judge Humphrey in the beef packers case. He would have judges keep themselves abe ye suspicion like Caesar would have had his wife. He would have them in such d position that they would not be subject 10 the reflec- tions of any dirty newspaper re- porter
 The South Carolina senator also cail- l cd attention to a railroad case at Sher- man, Tex, in which he declared Cir cult Judge Mccormick had declined for six years to allow an unprejudiced fudge to sit. He said the matter had been brought to the attention of Con Rress by the petition.and declared that with such a judge sitting in given case. complainants would have to for relief. He WOnld sfnp judicial tyrants from denying justice l
 Northern Pacific ReceIvership.
 He next asked attention to the North | ern Pacific Railroad receivership in | which Judge James N. Jenkins of the | Circuit hgured in 1893, and in l which an injunction against strikers | was granted Commenting on these | facts MT. Tllman said that Mir. Jen- kIns had recently retired. There | fore" he added, he can do no more | devilment like this
 ' "I believe lt has come to be consid- ared good law to issue injunctions against strikers said MT. Tilluan, and