The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-08

NOb O"S wv
but They are Also Not 1%ncorrupti-
bIe-He Cited Cases in ETor to
Prove His Argument-Sharp Colo
guy Between TiIIman and Spooner.
The JoseDheus Daniel Contempt
Case Considered by the Senator-Mr.
Tilfman Criticised by Mr.. Bacon for
His Structures Upon the judiciary.
Washington, May 3.-During the de-
bate today on the railroad rate bill
Mr.. Tillman took the floor to put into
the record a number OF statements he
had gathered to justify his position
that the people distrust the federal
courts. Preliminarily he announced
that he did not intend a wholesale on
slaught upon the judiciary and he &C
quilted the supreme court especially
of questionable proceedings, although
he said it had ~"wobbled" more or less.
In the south, he went on, there we're
many excellent judges, buo on the
other hand, some of them had been
guilty of very questionable and dis
creitable acts"
Many OF them were, he said, unduly
prejudiced in favor OF the railroads
and were wholly unfit to be trusted
with the power Of passing on railroad
questions. Hence he argued that there
would be no great risk in preventing
their Interference in sucn cases. ut
is utterly absurd to show that the
judges are higher creatures than other
men" he said.
He referred to the division of the
supreme court on the income tax case,
saying that in that case n of the
judges had changed his mind. Thus"
he said, the practice of a century was
reversed and the country submitted
merely because of the plea that the
highest court of the country must be
sustained"
He also cited other cases in other
courts intended to show that some
judges are mot only not infallible but
not i~ncorruptible." The first of the
references was to Judge Smith Nc
Pherson, of Iowa, who was represent
ed in an article in the New York
World of the Goth of March last as
having appeared at a banquet to Gov.
Cummings at Council Bluffs in such a
condition as mot to be able to stand
up without clinging to the table,"
Mr.. Carter and other senators de-
Tended Judge Mcpherson as a man OF
great learning and of probity of char
acter.
Mr.. Tillman next referred to a pleas
ure trip to Tampico, given by three
Kansas railroads to Federal Judges
Mcpherson, Phillips and Pollock. The
account was condensed from the Kan
sas City papers 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.. 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 Hum
Dhrey in the beef packers case.
L believe it has come to be cOnsid-
cred good law to issue injunctions
against strikers" said Mr.. Tillman
and added eff it is not, the senator
from Wisconsin (Mr. Spooner) will
correct"
The manner of this appeal to him
evidently angered Mr.. Spooner. He
rose and replied sharply:
The senator from South Carolina
forgets what is decent when he chal-
lenges me in that way"
Mr.. Tillman insisted upon with
drawing his question and apologiZing,
but Mr.. Spooner remarked that he ask
ed no apology.
Upon an apparently good natured
command to Mr.. Spooner to sit down,
Mr.. Tillman and the chair became
involved in a spirited ~colloquy to who
had the floor. The decision was favor
able to MI. Spooner who remarked
that in ordering him to take his seat
Nj. Tillman merely had accentuated
what he regarded as "a great piece of
rudeness." After MI. Tillman had Of
tered an apology Mr.. Spooner sat
down with the statement that he did
so of his own volition.
Mr.. Tillman maintained that Mr..
Spooner had acted very harshly to-
ward him and charged him practically
with having been indecent" To this
Mr.. Spooner responded that he would
withdraw the word and substitute
rude" This satisfied Mr.. Tillman
who said he did not OBJECT to the word
because he was a rude man and did not
care.
Mr.. Tillman hen considered the case
of Editor Daniels, of the Raleigh, N.
c., News and Observer, who had been
placed in prison because of a refusal
to pay a fine Of 1000 for criticising
the appointment of a receiver for a
railroad by Judge Purnell.
Mr.. Tillman had read an editorial