The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-04
WAS LAST DAY OF
RATE DEBATING

CONTINUED from First Page)
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ern Pacific railroad receivershp in which
Judge James N. Jenkins of the Seventh
circuit figured in 1898, and in which an
injunction against strikers was granted.
Commenting on these facts, Mr.. Tillman
said that Mr.. jenkins had recently re-
tired. Therefore, he added, The can do
no more devilment like this
81 believe ii has come to be considered
good law to issue injunctions against
strikers" said Mr., Tillman, and added;
"If it is not the senator from Wiscon-
sin. Mr.. Spooner, will correct. The ma
ture of this appeal to him evidently an
gered Mr. Spooner. He rose and replied
sharply. saying:
1.-THE senator from South Carolina for
gets what Is decent when he challenges
me that way"
Mr.. Tillman insisted upon Withdrawing
his question and apologizing. but Mr..
Spooner remarked that he asked no apol-
ogy. Upon an apparently good-natured
command to Mr.. Spooner to sit down, Mr..
Tillman and the chair became involved in
a spirited colloquy as to who had the
floor. The decision was favorable TO Mr..
Spooner. who remarked that in ordering
him to take his seat. Mr.. Tillman merely
had accumulated what he regarded as "a
great piece of rudeness." After Mr.. Till
man had offered an apology, Mr.. Spoon
er sat down with the statement that he
did so of his own volition.
TilIman Withdraws Question.
Mr.. Tillman maintained that Mr.. Spoon
err had acted very harshly toward him
and charged him particularly with hav-
ing been Indecent" To this Mr. Spooner
responded that he would withdraw the
word and ''subdue." This satisfied Mr..
Tillman, who said he did not object to
the word because he was rude man
and did not care.
Mr.. Tillman then returned to his con-
sideration of the course of Judge Jen-
kins and asked what a judge would not
do who so far forgets the decencies as
to ignore the law and imperil the rights
of several thousand men if appealed to in
a rate case which an order had been
made displeasing to the railroads.
He then considered the case of Editor
Daniels of the Raleigh On. Co News and
Observer, who has been placed in prison
because of a refusal to pay fine of $1,000
for criticizing the appointment of re-
ceiver for railroad.
The Daniels Case.
Mr.. Tillman had read an editorial from
the Columbia, s. c. State, concerning
the Judge Purnell case UNFOLDING the
position taken by Daniels, and quoting
from a decision of Circuit Court Judge
Pritchard of North Carolina, declaring
that published criticisms, or even libel of
a Judge Is not contempt of court
Mr.. Tillman said he could review in
stances in his own state of acts of ty-
ranny and indecency but the judge COM
hitting them is dead, and has settled his
accounts elsewhere The Senator said he
also knew some cases in Georgia. but that
he would take up the case of Judge Par
dee in enjoinng the Florida railroad COM
mission from instituting suit to compel
the Louisville and Nashville railroad to
reduce It's fare from to 3 cents mile.
He charged that Pardee ought to be i'm
peached for his course. If Impeachment
proceedings were brought to the Senate
Mr.. Tillman predicted that there would
not be votes enough to impeach the judge
were he proved guilty of violating his
oath of office
Pays Respects to Swayne.
Mr.. Tllman next paid his respects to
the case of Judge Swayne of Florida,
whom he said refused last season to i'm
peach. and asked to incorporate in his
remarks a statement prepared by Repre-
sentative Lamar of Florida. At the re-
quest of Mr.. Spooner the statement was
read
Mr.. Tillman then closed with an
apology, explaining that the situation was
such as to require the administering of
''sCme physic." He would not allow the
Judges to "roam up and down the land
doing whatever the railroads want and
refusing to grant relief to the people,"
Mr. Bacon said the same Judge that
would issue an interiocutory degree must
in the end pass upon any case before
it, and asked what remedy there was, II
there were so many judges of reprehen-
sible conduct.
Mr.. Tillman replied that he would de-
pend upon the supreme court.
Mr. Bailey also replied that in case
temporary injunction was granted in
given case, 1t would be held up indefn-
itely, whereas, it would be expedited II
there should be no injunction. These de-
clarations led to a controversy over the
right of appeal in injunction cases, in
which Senators Bailey, Spooner, Bacon
and Culberson participated.
Regarding Mr.. Tillman's structures
against the judiciary. Mr.. Bacon said;
II do not sympathize with the whole
sale criticism of the Judges of the SUI
preme courts"
DishonorabIe Exceptions.
Continuing he stated that while there
were some dishonorable exceptions the
federal judiciary as a whole was COM
posed of men of ability and character. He
considered the judiciary the sheet anchor
OF the government
Mr.. Tillman asked Mr.. Bacon if he did
not believe IL proper to call the attention
of the country to the dereliction Of judges
as there was no way of furnishing them
except by Impeachment. Mr.. Bacon re-
sponded that the Senate had no right TO
originate charges. and that for 1t to do
SD was to usurp the power of the House,
and in a measure disduaiify senator's from
conducting impeachment proceedings. He
admitted that he had voted for the I'M
parchment of Judge Swayne and said that
he was sorry he had not been found
guilty.
Stating that he understood Mr.. Bacon's
intention to criticize his course. and char
acterizing the Georgia senator's posi-
ton as "squeamish," Mr.. Tillman asked
Mr. Bacon IL me believed it an encroach-
ment upon the rights of the courts for
senators to express their opinions.
What" he asked. docs the senator
from Georgia think of the Presidents
criticism of Judge Humphreys decison?'
Mr.. Bacon replied that while he had an
opinion on that subject, he did not con-
slider the Senate the proper place for
Its expression.
Mr. Tillman declared that he had not
intended to censure the entire judiciary
but contended that so long as there were
such men as Mccormick, Pardee and
Swayne on the bench. the criticism of In
dividual members Of the judiciary was
justified.
Mr.. Bailey opposed Mr.. Bacon's conten-
fi<. ff,at fIe iudcfo should mot h< crifI-