Los Angeles herald., 1909-05-06
STATE OFFICIALS
ARE RESTRAINED
MISSOURI RATE CASES STAY IN
UNITED STATES COURT
In Turning Matter Over to Judge Nc
Pherson, Justice Phillips Asks
That His Actions Be
Dsregarded
fBv Associated Press.l


KANSAS CITY, Mo, May 5.-Mis-
souri, rate cases were again up in the
federal court today, when Judge Smith
Mcpherson heard arguments for
permanent injunction to restrain the
state courts and state officials from in
terfering in this litigation which origl-
mated in the United States court.
All of the proceedings of the federal
court for the western district of Mis-
souri, in these rate cases have, with a
single exception, been handled by
Judge Mcpherson, who is the presiding
Judge of the southern district or the
state. Judge Phillips, who is presiding
in the United States district court tor
the western district of Missouri, mas
been in the meantime engaged with
cases in the circuit court OF Appeals
and his only entry into the present Atl-
CATION has been to issue the temporary
restraining order against the state
court, simply to save Judge Mcpherson
from coming to Kansas City to per-
form that act.
At the opening Of that court here to-
day Judge Phillips assumed the Dench
only to make a brief statement of his
connection with the case, this as a re-
sui OIL Representative y ANnO
luton demanding a congressional in
yestigation of the acts Of these two
judges. Judge Phillips then vacated
the bench and Judge Mcpherson, who
had arrived during the morning from
st. Louis, was left to hear~the argu-
ments in the injunction suit.
Judge Mcpherson In Control
Judge Phillips said he deemed 1t
proper at this juncture to state what
every informed person knows" that the
rate cases were passed upon and left
entirely to Judge Mcpherson, he hav-
ing been assigned to that work at the
very outset of their consideration IN
court. Judge Mcpherson was given
control of these cases, Judge Phillips
said. because he, himself, had to take
up the work of the United States court
of appeals, Rate cases were of such a
nature that 1t was necessary they be
taken in charge by a judge who could
go continuously through with them
He said the final decree was rendered
by Judge Mcpherson and that later
Judge Mcpherson gave a supplement
tary decision He said because of the
absence of Judge Mcpherson from
Kansas City and because the exigencies
of the situation did not permit of de-
lay, he was asked by Judge McPher-
son to act Professionally in granting
temporary restraining order against
certain designated persons about ten
days ago. He consented and granted
the temporary order O. hearing on
which was the business of the court
today, IA
''As every lawyer knows" said Judge
Phillips, Temporary order does not
touch the merits of the case, but is
made to maintain the status quo of the
points involved"
Continuing, Judge Phillips said;
II want it distinctly understood that
l do not want to shirk any RESPONSE
bility whatever. I do not want to shift
one atom of responsibility that belongs
to me upon Judge Mcpherson. My re-
sponsibility is determined by my oath
of office, and / realize what is my re-
sponsibility to the public"
Purely Legislative Function
Judge Phillips said that there seemed
to be a great Misrepresentation as to the
meaning of temporary restraining or
der, and In the minds of some persons
the idea seemed to prevail that tenn
porary and absolute restraining order
are one and the same thing. He also
said the mistaken idea prevailed that
courts or individuals could establish
rates In state. He said this was
purely legislative function, and that
the federal court was forbidden by the
federal states from taking any action
by injunction against state court or
against the state itself. Such an order
operated amongst individuals alone, he
said. In conclusion Judge Phillips said:
al now turn this whole matter over
to Judge Mcpherson, and l want him
to continue in charge Of this case Who'll
ly uninfluenced by any action of mine. :"
After Judge Phillips had returned to
his private chambers Judge Mcpherson,
who had been sitting by his side during
his entire recital, said that he enter
tanned exactly the same idea in regard
to restraining orders as had been ex-
pressed by Judge Phillips.
The arguments in the injunction case
were then begun.