The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-05-04

Judges are higher creatures than other
men, !" he said.
Cites Instances.
Mr.. Tillman referred TO the division Or
thc Supreme Court on the income tax
case, saying that in that case one 90. o. th i,
Judges had changed his mind. mus,
he said "the practice OF century WIS
rcvcrsed. and the country submitted mere
IL because OF the plea that the highest
coi,rt OF tho country must be sustained.
HI also cited other cases In other courts
Intended to show that some Judges are
mot only not infallble, but not incor-
ruptiblc'' The first Of the references was
10 Judge Smith MCPHERSON. OF Iowa, VINO
was reported In an article IN me Ne"2
york world OF the both Of March last as
having appeared at banquc to Gov
ernor sCump1lns at Council Bluffs, In sucr5
a condition MS mot to be able to stand
up without clinging TO the table.
Mr.. Carter and other senators defended
Judge Mcpherson as man of great
learning and OF probity OF character.
Mr.. Tlll,nan next referred to pleasure
trip to Tampico. given by three Kansas Kansas
railroads to Federal Judges McPhersof''
Phillips and Pollock. The account was
and showed that the Judges had been
TRANSPORTED In a special car and were
accompanied by the general solicitors OF
the railroads giving the excursion. Mr..
Tiliman said that Judge Phillips had been
| especially commended by the President
| in Connection with the Paul Morton case
| and he cOntrasted the Presidents course,
| in this case with his course In criticising
Judge Humphrey in the beef packers case
II believe 1t has come to be considered
| good law to issue njunctions against
strikers" said Mr. Tillman, and added:
| "If 1t Is not, the Senator from Wisconsin
| CA1r. Spooner) will correct
Rude Man andeDoesn't Care.
| rhe manner OF this appeal to him evil
IDENTIFY ungered Mr.. Spooner. He rose
| and replied sharply:
"Thc Senator from South Carolina lot
| gets what Is decent WneH iie Si aiie 20
| me In that way
MI Tillmnn insisted upon withdrawing
| bic question and apologizing but Mr..
s,ooner remarked that he asked NO apol-
| ogy. Upon an apparently good -natui ...
command to Mr.. spooner to sit down.
N,r -,Tllman and the chair became In
VOWED In a spirited coloquy as to VINO 2
Ii,nd the floor The decision was ia oraoie
l5to AIR Spooncr, who remarked thaI ~ y !.
i dering him to take his seat Alr' llill, Z, = !.
/ r,tarely had accumulated what ne res1li ueu
ms "a great piece OF rudcness. H8 Al TER NJ
1 Truman had offered an apology, MT.
1 ,snooner sat down, with the statement tn wa :
/ ne did so OF his own voittion. A.
Mr., TIllnan maintained that MT.
snooner had acted very harshly toward
\ him and charged him practically WIN W..
| having been indecent 10 th.s ~. ~ =
| Spooner responded that he wouid WIZ ).
drew the word and substitute rude.
i
4 did not object to the word because ne
4 WAS n rude man and did not care.
Case of Daniels.
Ar r,llman then considered the case OF
-d,tor Daniels, OF the Raleigh, n. e..
! Nous and Observer, who had been placed
i n prison because of a refusal 10 pay
i fine of So 900 for criticising the appoint
ment OF receiver for railroad BY judge judge
Z Purnell. -.
/ II Nj. ,,ri,1n,an had read an editorial from
i Columbia Is. CO State, concerning me
i Judge Purncll case, upholding the posi-
/ lion taken by Josephus Daniels and
quoting from decision OF Circuit Judge
Prltchard, Of North Carolina. declaring
l that published criticisms or even libe
s Of n Judge is not contempt OF court.
! When the reading was concluded, Mr..
4 Tillman said he would pass on to Florlda'
4 although he could review Instances IN
his own State of ACTS Of tyranny ana IN
F., decency. but the Judge committing then'
Is dead. and has settled his accounts
elsewhere. The senator sald ne a'so
{ knew some cases in Georgia. but that nc
would take up the case OF Circuit judge
Pardee in enjoining the Florida Railroad
Z. Commission from instituting suit to com
mel the Louisville and Nashville Railroad
10 reduce Its fares from four to three
Z cents mile, He charged that Pardee
ought to be impeached for his course.
Mr.. Tillman next paid his respects to
a tho case Of Judge Charles 4Swayne, OF
! FLORIDA, whom the Senate refused last
< session to impeach, and asked to incor-
porate in his remarks statement pre-
pared by Representative Lamar OF Flor
Ida.
i Mr.. Tillman then closed with an apol-
ogy explaining that the situation was
such as to require the administering of
"son,e physlc." 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,
Bacon Protests.
Mr.. Bacon criticised the course of Mr..
Tillman In the latter's structures against
4 the Judiciary, Mr.. Tilman interrupted
to ask Mr.. Bacon II he did not believe
4 1t proper to call the attention OF the
& country to the dereliction OF Judges, In
view Of the fact that there was no way
of Furnishing them except by !mpea chnent,
ia which question Mr. Bacon responded
that the Senate had no right to originate
charges. and that for 1t to do so was to
usurp the power of the House. and in a
measure dsqualify senators from con-
Quoting impeachment proceedings
Mr.. 1'illmnn declared that he Mad not
Intended to censuro the entire Judiciary,
but contended that SO long as there
g were such men as Mccormick, Pnrdee and
swayne on the bench. the criticism OF
!, individual members of tho judiciary were
A justified.
Announcing his conviction that Mr..