The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-05-04

forgets what is decent when he chal-
lenges me in that manner.
Senator TiIlman. when the tiff be-
tween him and MI SpOOner had drawn
TO harmless close, returned to his
structure on certain federal judges.
He considered the case of Editor Jo-
sephus Daniels OF the Raleigh On. CO
News and Observer, who, he said, had
been thrown into prison for criticiSing
the appointment of a receiver for the
Atlantic & North Carolina railway by
Judge Purnen. Mr.. Tillman said he
could review instances in his own state
of acts of tyranny and indecency, but
the judge committing them is dead,
and settled his accounts elsewhere.
Circuit Judge Pardee.
The senator said he also knew some
cases in Georgia, but that he would
take up the case of Circuit Judge Par
dee in enjoining the Florida railroad
commission from instituting suit to
compel the Louisville & Nashville rail-
road to reduce its fares from to 8
cents a mile. He charged that Pardee
ought to be impeached for his course
If impeachment proceedings We're
brought to the senate, Mr.. Tillman pre-
dicted that there would not be votes
enough to impeach although the judge
were proved guilty of violating his oath
of office.
Mr.. TilIman next paid his respects to
the case of Judge Charles Swayne OF
Florida, whom the senate refused last
session to impeach.
Mr.. Tillman then closed with an apol-
ogy, explaining that the situation was
such as TO require the administering of
some ''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 Asks Question.
Mr.. Bacon said that the same Judge
that would issue an introductory de-
cree must in the end pass upon any
case before 1t, and asked what remedy
there was if there were so many judges
guilty of reprehensible conduct
Mr.. Tillman replied that he would
depend upon the supreme court.
MI Bailey also replied that in case
temporary injunction was granted in
a given case it would be held up in
definitely. whereas it would be expedited
II there should be no injunction. These
declarations led 10 controversy over
the right of appeal in injunction cases
in which Messrs. Bailey Spooner. Ra-
con and Culberson participated
Mr.. Tillman asked Mr. Bacon if he
did not believe it proper to call the at
tention OF the country to the dereliction
of judges as there was no way of pun
ishing them except by impeachment
Mr. Bacon responded that the senate
| had no right to originate charges. and
tildI lOT II 10 90 so was 10 uSuFD the
power of the house and in a measure
disqualify senators from conducting i'm
parchment proceedings. He admitted
! that he had voted for the impeachment
Of Judge Swayne and said that he was
sorry Swayne had not been found
guilty.
Criticism Justified
Mr.. Tillman declared that he had not
intended to censure the entire Judi
ciary, but contended that so long as
there was such men as Mccormick.
Pardee and Swayne on the bench the
criticism of individual members of the
judiciary was justified
Mr.. Teller praised the judiciary of
the United States as the most exemD-
larry known to the history of the world
but said he had known of many individ-
ualS who departed from the high stand
ard of the great body. He announced
himself as favorable to the rate bill
as il passed the house with the addi-
ton of the Bailey amendment, includ-
! ing the provision for a court review.
Mr.. Bailey opposed Mr.. Bacon's con-
tentiOn that the judiciary should not be
criticized on the floor of the senate
Consideration of the army apprOpri-
alton bill was resumed and after fur
Their amendment il was passed. Ad-
journment took place at 5:55 .. m.