Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-03
T|LLMAN ON JUDGES
Thinks Them Unworthy in Many
Instances.
DECLARES THEM FALLIBLE
Refers to Supreme Court and Income
Tax Case.
MCPHERSON AT A BANQUET
Report Regarding His Condition De-
MED by Several Western
Senators.
DECLARES THEM FALLIBLE
MCPHERSON AT A BANQUET

day, devoting his attention to the federal
judges Some time ago Mr.. Tillman re-
ferred to federal judges as, In many in
stances. unworthy OF unusual respect and
announced that he had list of such high
officials which he would call to the atten-
ton Of the Senate some day and would
give some facts that might prove to be of
interest.
He took occasion to do that today. When
he began his remarks. upon the close of
Senator Nelson's speech on the rate bill,
he said that he had high respect for many
Of these judges, and that. SO far as the
Supreme Court otthe United States is con-
cerned, he declared that he believed 1t to
be made up of men of as high character
and of great learning as any similar
court In the world.
Both Senator Spooner and Senator Knox
were about the Capitol but their absence
from the chamber during these remarks
was noticed. Senator Bailey was out during
part of Mr.. Tillman's address, but came in
later and took seat at the left of the
South Carolina senator.
Mr.. Tillman spoke of many cases in which
courts of Justice have been known to d.
vide, and referred to the cases relating to
the hours of labor in bakeries in New York
which went before the supreme court of
New York and then before the Supreme
Court of the United States. As it finally de-
Veioped the sixteen judges in these two
courts. he said were divided eight to eight
on TINS Dill. He read a humorous report of
this case. which declared that If any one
wanted to consult lawyer as a PHILOSOPHER
ana friend 1t was very well, but the less
advice the lawyer gave him the better
friend he would be-
: He spoke also of the income tax case
which he said, had once been held to be
constitutional. but which again came be-
fore the Supreme Court of the United
States and 1t was given out that a majority
L YSSj ft,f{ -
the law. But rehearing was had and
the same newspapers declared that the
judges changed their opinion, and the law
was then pronounced unconstitutional
L cannot myself be converted to the idea
that there is anything holy about judge
that is entitled to great respect said Sem
ator Tillman, and If he Is worthy he is
still nothing more nor less than a man.
and high judges against whose integrity no
Ill word has ever been whispered who oc-
cupy the supreme bench Of the state of
New York and of the United States to
differ in their opinions of the law. cannot
see how these men are to be any more
trusted than railroad commission"
Judge McPherson's Banquet.
Mr. Tillman then read a humorous story
from New York paper of March 80. tell
Ing of a banquet that was held at Council
Bluffs, Iowa, and of a speech Of Judge
Smith Mcpherson. The article described
the speech as rambling and incoherent in
which Judge Mcpherson had said that he
had no for reforms and reformers and
many other things of a somewhat kindred
nature. The article referred to Judge Nc
Pherson as being in very lively con-
dition and finding difficulty in standing up
at the close of the banquet.
Senator Carter interrupted to say that he
was astoniShed at the reading of this story
because he regarded the article as intended
merely as a joke. These gentlemen, he
said, referring to the company which in
cluded Judge Mcpherson, were invited to
a dinner at Council Bluffs and he thought
that the rules of the Gridiron Club, which
provided that ladies are always to be con-
sidered as present and reporters never
should be always adhered to. He said that
learning and great probity of character.
He simply proved on that occasion that
he was good fellow and inclined to enter
into the spirit of the occasion.
Il have never heard, said Mr.. Carter,
IAN intimation that he was given to ex-
cess in the matter of imbibing at BAN
quets elsewhere. | think the article
suggested by the senator from South Caro-
lima is joke and should be treated a
joke"
Senator Dollver also spoke In defense OF
Judge Mcpherson, and referred to the fact
that he had reversed the decision of Judge
Humphreys In the beef packing case 5
an evidence that he was not under the ban
of influences to which Senator Tillman had
referred as operating over some Judges.
Senator Tfllman said that he was merely
opening up what he had to say with some
light references which would give the Sem
ate something to smile over at this time.
Would Clip Their Claws.
THE point I am trying to make" said
Mr.. Tillman, SIS that these judges ought
not to be trusted too far when the Senate
has an opportunity to clip their claws just
a little bit"-and the senator raised his
hand and with his fingers gave an imita-
ton of clipping machine-"cIip them, just
little bit"
Senator Perkins arose In defense of
Judge Mcpherson. saying that he had
known him four years while In Congress-
and that he had stopped at the same hotel.
He knew that he was a teetotaler
He set an example" said Mr. Perkins,
that I wish l may follow as closely as he
did
II am entering into this field" said Sem
ator Tillman, in order that l may warn
him to continue In that same course of tee
totalism If he will take warning he may
go on in the same course hereafter"
The senator also told a story Of an ex-
cursion made by Judge Mcpherson, Judge
John NJ. Phillips and Judge John P. CUP,
| in company with some prominent attorneys,
all travelling in a private car. He read
| from the Kansas City Times story of how
a man had just been fined for shooting
| prairie chickens out of season, but 1T was
| out these judges had their table game
| that had been killed in violation of the
game laws.
of course I know" said Mr.. Tillman,
that senators sometimes ride on private
| cars, and have done SO; they accept free
passes over railroads. and 1 have done
that. But If such great power Is to be
placed in the hands of these federal
| Judges 1t might be we'll for them to be
| very careful in respect to accepting such
| favors and to keep themselves as Caesars
| wife-abeye suspicion"
| Senator Bailey sat at Mr.. Tillmans left
| and was seen to make remark and
smile. The South Carolina senator then
| continued:
| my friend on my left suggests to me
| that I should say as Caesar wanted his
| wife to be. I would like to have these
| federal judges so clean in every respect
| that there will be no danger of having
! them besmirched."
/ Case of Texas Judge.
| Senator Tillman then read petition
which had been sent in 1883 to all of the
members of the Texas delegation In Con-
gress. signed by a number OF shippers in
| Grayson county Tex, In which they said