The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-04
TiIIman Orders SpOOnsT TO Take
His Seal
THE ARMY BILL is PASSED
Mr.. Tllman Speaks at Length on the
Railroad Bill and Is Followed BY
Messrs. Bacon, Bailey,
Teller and Foraker.

Washington, May S-Ths was the last
day for general debate in the Senate on
the railroad bill. and 1t was fully oc-
cuped Following brief speech by Mr..
Nelson, Mr. Tillman spoke at length in
an effort to show by criticism of in
divldual judges that the power of grant
ing temporary injunctions by inferior
United States courts should be taken
from them in the interstate commerce
commission cases, and 1t was followed
by Messrs. Bacon Bailey. Teller and
Foraker in speeches of some length.
Mr.. Tilman's speech consisted mainly
of quotations rejecting upon the conduct
of federal judges in different parts of
the country. While he speaking he
engaged in controversy with Spooner in
which the Wisconsin senator said his adj
versary had made reference to him as
Indecent" and during which Mr.. Tillman
ordered Mr.. Spooner to take his seat
Mr. Bacon criticised the course of Mr..
Tillman as calculated to produce false
| impression on the country, and was in
turn censured by Mr.. Bailey, who held
that while the office of judge is entitled
to the greatest respect, there should be-
no reverence for judges as men. q
The army appropriation bill carryin2
| an appropriation of about s74,0OO,000 was
passed.
Asks for Postponement.
When the Senate met today, Mr.. Till
man again asked for the postponement
of his resolution for the investigation of
the eviction of Mrs. Minor Morris from
the White House last winter He asked
that the measure lie on the table until
such time as he might desire to take 1t
up. The railroad rate bill was then laid
before the Senate and Mr. Nelson ad-
dressed the Senate in opposition to Mr..
Baeys amendment deprivng Inferior
United States courts of the power OF sus-
pending orders for the Interstate COM
merce commission.
Mr. Tillman took the floor to put into
the record number of statements he
had gathered to justify his position that
the people dlstrust the federal courts.
Prelimlnarlly he announced that he did
not intend a wholesale onslaught on the
Judiciary, and he acquitted the supreme
court especially of questionable proceed
ings, although he said II had "wobbled"
more or less. In the south, he went on.
there were many excellent judges, but on
the other hand some of them had been
guilty of very questionable and discredit-
able acts" Many Of them were. he said.
unduly unprejudiced in favor of the rail-
roads and were wholly unfit to be trust
ed with the power of passing on railroad
questions Hence, he argued there would
be no great risk in preventing their in
reference in such cases. 1T Is utterly
absurd to show that the Judges are higher
creatures than other men, he said.
Judge Changes Mind.
He referred TO the division of the
preme court on the income tax, saying
in that case one Of the judges had changed
his mind. Thus lie said, the practice
of century was reversed and the court
submitted merely because of the plea
that the highest court of the country
must be sustained" He could not accept
the idea that there was anything holy
about judge "and when see how the
highest judges differ or change their minds
| possibly because something gets the mat
ter with their stomachs, or their sleep
badly, we cannot be blamed IL we con-
clude that they not infalible.'
He, therefore. saw no reason why nom
suspension provision should not be tried
on"
He also cited other cases In other
courts intended to show that some Judges
are mot only not infallble, but not incor-
ruptibe." The first Of the reference was
made to Judge Smith Mcpherson of Iowa.
who was represented In an article in the
New York World of March 30, last. rs
having appeared at a banquet to Gov
, ernor Crimmns at Council Bluffs in such
n condition 80 not TO be able to stand
up without clngng TO the table"
Mr. Carter defended Judge Mcpherson
as a man OF great learning and of pro-
bity OF character.
If in participating in the banquet he
t.,t, H.. I'll sxf tt.A
sion he had merely shown himself as a
good fellow He criticised the couse OF
the man who had given out the occurren-
ces at a banquet He had never heard
anyone intimate that Judge Mcpherson
was guilty of an excess in the of in
toxicating liquors.
Mr.. Doliver said that the judge had
never been charged with a want of JUDI
cia unfarness
Trip to Tampico.
Mr. Tillman next referred to pleasure
trip to Tampico given by three railroads
to Federal Judges Mcpherson. Phillips and
Pollock. The account was condensed from
the Kansas City paper and showed that
the judges had been transported in spe-
cial car and was accompanied by the gen.
eral solicitors Of the railroads given the
excursion. Mr.. Tillman 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 He would have
judges keep themselves above suspicion
like Caesar would have had his wife. He
would have them in such position that
| they would not be subject to the reflect
tions of any dirty newspaper reporter
The South Carolina senator also called
lattention to a railroad case at Sherman.
Texas. in which he declared Circuit Judge
Mccormick had declined for six years
to allow an unprejudiced judge to sit. He
said the matter had been brought to the
attention of Congress by the petition. and
declared that with such judge sitting in
n given case. complaints would have to
"whistle for relief" He would stop judi
| clal tyrants from denying justice.
He next asked attention to the North