Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-05-06
State Attorney General Makes State
ment on Witness Stand.
MCPHERSON HEARS ARGUMENT
Railroads Want the Temporary Order
Made Permanent.
BY JUDGE PHILLIPS
He Presides at Opening of Court
and After Explaining His
Connection with Case
RetireS.

KANSAS CITY, May 5.-"Thsre has
been so much talk about the decree of
this court in the Missouri railroad rate
cases that II seems strange to me that
an appeal has not been taken from that
decree. Do you intend TO appeal?"
YES, sciT; a transcript is now being
prepared for an appeal to the supreme
court Of the United states"
Judge Smith Mcpherson presiding asked
the foregoing question and Attorney
General MajoC testifyng gaze the answer
this afternoon 1t the hearing in the
federal court 20 decide whether or not
the temporary restraining order of the
federal court enJoining the state from
| interfering In the rate cases was to be
made permanent Judge Mcpherson mad
recalled Attorney General Major to the
! stand to ask thu question.
"well. why have you waited so long 10
| file your appeal?' continued the Judge.
Because tho record of the case is quite
| volumnous and II will require sonc time
to complete the transcript. Besides the
| law allows two years I'm which to file All
| appeal" responded the attorney general.
The attorney general was subjected to a
cross-fire examination from the railroad
attorneys, with an occasional question from
the court because of his action at Jeffer-
son City yesterday in filing quo warranto
proceedings against the railroads.
| Sebert Jones, circuit attorney of st.
| Louis testified that the injunction suit
which he filed against the railroads re-
straining them from putting into effect
| Scent passenger rate was inspired by
| Governor Hadley.
The attorneys announced that all their
evidence had been submitted and court ad-
! journed until tomorrow, when the argu-
ments will begin.
! status of Pending Cases.
Mssouris rate case was again UP for
| consideration in the federal court here to-
| day, when Judge Smith Mcpherson heard
arguments for permanent injunction to
restrain the state courts and state officials
from interfering In this litigation. which
originated in tho United States court
| An amended decree TO the original pas.
senger and freight rate decision was filed
in Kansas City April Il by Judge McPher-
son. II restrained the state courts from
interfering in the regulation of rates but
! It. was general in it's application Judge
John F. Philips issued an injunction n
week ater in the federal court which abso-
lutely tied the hands Of every state court
every state and county official and every
private citizen against regulating railroad
| rates. ATROnnnlS TOT a permanent IN
| junction on Judge Philips order were set
for today. This order was intended to
, prevent the circuit court Of st. Louis from
proceeding with injunction against the
railroads in Missouri. The injunction in
the state court in st. Louis charges that
the railroads in Missouri are in an unlaw-
! full combination to increase passenger
rates 1t was instituted by seebert Jones,
gestion of state officers.
All Of the proceedings of the federal
court for the western district of Missouri
in these rate cases have, with a single ex-
ception, been handled by Judge McPher-
son, who Is the presiding judge of the
southern district of Iowa, Judge Philips,
who Is presiding Judge in the United States
district court for the western dis
trict Of Missouri, has. in the mean
time, been engaged with cases in the cir
cult 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 Judge Nc
Pherson from coming to Kansas city to
perform that act.
At the opening of the court here today
Judge Phillips assumed the bench only long
connection with the cases. this as result
OF Representative Murphy's resolution de-
manding a congressional investigation OF
the acts of these two judges. Judge Philips
then vacated the bench and Judge Nc
Pherson. who had arrived during the morn
ing from St. Louis was left to hear the
arguments Of the state and the railways
in the injunction suit.
Statement Nv JudnR PhiIlInS
Judge Philips said he deemed It proper
at this juncture to state what every In
formed persons knows" that the rate cases
were passed upon and left entirely to
Judge Mcpherson. he having been assigned
to that work at the very outset of their
consideration in court. Judge Mcpherson
was given control OF these cases, Judge
Philips 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 it was necessary that they
be taken in charge by a Judge who could
go continuously through with htem. He
said the final decree was rendered by
Judge Mcpherson and that later Judge Nc
Pherson gave supplementary decision.
He said because OF the absence of Judge
Mcpherson from Kansas City and the ext
gencies OF the situation did not permit Of
delay. he was asked by Judge Mcpherson
to act Professionally In granting a tempor-
airy restraining order against designated
persons about ten days ago. He consented
and granted the temporary order a hear
ing on which was the business Of the court
| today.
'As every lawyer knows" said Judge
Phillips, "a temporary order does not touch
the merits Of the case, but v made to main
tain the status quo OF the points involved. "
Continuing Judge Philips said
II want II distinctly understood that I do
not want 10 shirk any responsibility what
ever. I do not want 10 shift one atom of
responsibility that belongs 10 me upon
Judge Mcpherson. My responsibility IL de-
termined by my oath OF office and realize
what is my responsibility to the public"