The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-05-06
MISSOURI RATE
CASES TAKEN UP
Preliminary Explanation by
Judge Philips Regarding
Temporary Injunction.
MCPHERSON ON THE BENCH
ATTORNEY GENERAL MAJORS
MAKES A STATEMENT.

kansas city. May 5.-AIissOurfs rate
cases were again up for consideration
In the federal court here today, when
Judge Smith Mcpherson heard arsu-
ments for a permanent injunction -
restrain the state officials from inter
fering i'm this litigation, which origin
ated i'm tine United States court.
All of the proceedings of the federal
court for the western district OF Mis-
souri, i'm these rate cases have, with a
single exception. been handled BY
Judge Mcpherson. who is the presiding
Judge of the southern district Of Iowa.
Judge Philips who is the presiding
Judge IN the United States district
court for the western district or Mis-
souri,. has i'm the meantime been en-
gagged with cases in the circuit court
of appeals. and his only entry INTO the
present litigation has been to issue the
temporary restraining order against
the state courts. simply TO save Judge
Mcpherson from coming to Kansas
city to perform that act
Judge Philips Explains.
Al ihc opening ot the court here to-
day Judge Philips assumed the bench
only long enough TO make "a oIleI
statement oC his connection with the
cases tn s. ais result of Representa-
tive Murphy's resolution demanding a
congressional investigation Of the acts
of these two judges. Judge Phillps
then vacated the bench and Judge
Mcpherson. who had arrived during
the morning from 81. Louis. was left
To near the arguments in the nJunc-
tion suit.
Judge Philips sad he deemed II
proper at this iuucture TO state what
knows that
the rate cases were passed upon ana
left entirely to Judge Mcpherson. ne
having been assigned To that work al
the very outset Of their consideration
i'm court Judge MCPHERSON was given
control Of these cases. Judge Philips
said. because he has had to Ia Ie up TIE
work of the United States court OF ap-
peals
Mcpherson in Charge.
Rate cases were of such a nature
that il was necessary that they be
taken ID charge by a judge who coula
20 continuously through with them.
lie said the final decree was rendered
bv Judge Mcpherson. and that later
Judge Mcpherson gave supplement-
arv decision. He said because OF the
absence of Judge Mcpherson from
Kansas city. and because o. the eN-
icencies of the situation did not pei
NIT of delay. he was asked by JudEe
Mcpherson To- act Professionally li
Granting al temporary restraining or
der against certain designated persons
about ten days ago. He consented ana
granted tho temporary order, nearing
ON which was the business of the court
today.
As every lawyer knows said
Judge Philips. "a temporary order does
not touch the merits of the case but
is made TO maintain the status QUO Of
the points involved
Continuing. Judge Philips said,
Il want il distinctly understood that
7 don't want 10 shirk any responsible
itv whatever. I don't want to shift one
atom of responsibility that belongs to
me upon Judge Mcpherson. My re
sponsibility I'm determined by my oath
of office and 7 realize what is my re-
spons biity 10 the public
Judge Philips said that there seemed
60 be a great Misrepresentation as To-
the meaning of d temporary restrain
ing order. and I'm the minds of some
persons the idea seemed to prevail that