Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-05-04
RATE DEBATE At AN END
General Discussion Closes with Speeches by
Tillman, Bacon, Bailey and Foraker.
CRITICISM OF FEDERAL JUDGES
south Carolina Senator cites n
Nunber of Cases of Misconduct
of Members of the Lower
Court.
curt.

IhnTodQ Idlt blll anu II was AulAy oNNuT
pied. Following a brief speech by MIR. Nell
son, Mr.. TilmaE spoke at length in an
effort to show by criticism Of individual
judges that the power of granting tenn
porary injunctions by inferior United States
courts should be taken from them in Inter
state Commerce commission cases and he
was followed by Messrs. Bacon, Bailey.
Teller and Foraker in speeches Of some
length
Mr. Tillmaa's speech consisted mainly OF
quota tons rejecting upon the conduct of
federal judges in different parts Of the
country. While he speaking he en-
gagged in controversy with Mr.. spooner, in
which the Wisconsin senator characterized
his adversarys reference to him 'in-
decent" and during which Mr.. Tillman or
dered Mr.. Spooner to take his seat.
Mr. Bacon criticised the course Of Mr..
Tillman as calculated to produce a 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 rev.
erence for judges as men,
The army appropriation bill carrying an
appropriation of about S74OOO,OOO was passed.
When the senate met today Mr.. Tillman
again asked for the postponement of his
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 it up.
TiIIman CritIcises Judges.
The railroad rate bill was then laid be-
fore the senate and Mr.. Nelson addressed
the senate in opposition of Mr. Bailey's
amendment depriving inferior United
States courts of the power of suspending
orders of the Interstate Commerce commits
sion.
Mr.. TiIlman rose to express regret that
| the countrys faith in federal courts was
not firm. He referred to the division Of
! the supreme court on the income tax cases,
saying in that case one 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
J must be sustained"
He could not accept the view that there
was anything holy about a Judge, ''and
! when we see how the highest judges diff
/ fer or change their minds possibly because
something gets the matter with their stom-
achs or they sleep badly, we cannot be
| blamed If we conclude that they are not
| infallible."
|
suspension provision should not be tried
] on" He also cited other cases in other
( courts Intended to show that some judges
are mot only infallible, but not incor-
ruptible.'
Case of Judge McPhersOn.
The first OF the references was made to
Judge Smith Mcpherson of Iowa, who was
| reported in an article in the New York
| World of March 30 last OF having appeared
at a banquet to Governor Cummins at
Council Bluffs in such a condition as mot
| to be able to stand up without Clinging to
the table"
Mr.. Carter defended Judge Mcpherson
as a man OF great learning and of probity
OF character.
"If in participating I'm the banquet he
had entered into the spirit of the occasion
he had merely shown himself as n good
fellow. He criticised the course of the
man who had given out the occurrences
at a banquet. He had never heard anyone
intimate that Judge Mcpherson was guilty
Of excess in the use of intoxicating
liquors.
Mr.. Dolliver and Mr. Perkins also de-
Tended Judge Mcpherson. Mr.. Perkns de-
claring that, having boarded az the same
hotel with Judge Mcpherson fov four years.
he knew him to be a teetotaleT.
Mr. Dolliver said that the Judge had
never been charged with want of judicial
fairness.
Junket to TampicO.
Mr. Tilman next referred u a pleasure
trip to Tampico given by three Kansas
railroads to Federal Judges Mcpherson,
Phillips and Pollock. The account was
condensed from the Kansas City papers
and showed that the judges had been trans
ported in a special car and were accom-
panied by the general solicitors of the
railroads giving the excursion. Mr.. TIL
man said that Judge Phillips had been es-
pecially commended by the president IN
connection with the Paul Morton case and
he contrasted the presidents course in
this case with his course I'm criticising
Judge Humphrey in the beef packers
case. He would have judges keep Them
selves above suspicion, like Caesar would
have had mis- wife. He would have them
In such position that they would not be
subject to the reflections OF any dirty
newspaper reporter"
The South Carolina senator also called
attention to a railroad case at Sherman,
Tex, in which he declared Circuit Judge
Mccormick had declined for six years to
allow an unprejudiced Judge to sit. He
said that the matter had been brought
to the attention of congress by the petit
ton and declared that with such a judge
sitting in a given case complainants would
have TO whistle for relief" He would
stop judicial tyrants from denying justice
Challenge PrOvOkes SpOOner.
He next asked attention 20 the Northern
Pacific railroad receivership. in which
Judge Jenkins Of the Seventh circuit fig
ured in 1898 and in which an injunction
against strikers was granted. Comment
ing on these facts, Mr.. Tillman said thai
Mr.. Jenkins had recently retired; there
fore" he added, "he can do no more devil
ment like this"
Il believe It has come 10 be considered
! good law TO issue injunctions agains
! strikers" said Mr.. Tillman, and added
III II is not the senator from Wisconsin
(Mr. Spooner) will correct"
The manner OF this appeal to him evi
IDENTIFY angered Mr. spOoner. He rose anC
J replied sharply, saying:
The senator from South Carolina for
I gets what is decent when he challenges
me in that way"
/ Senator Tillman. when the tin between
! him and Mr. spooner had drawn to
harmless close, returned TO his strictur,
: ] On oarfafu fedaraI fFldgae