The Fargo forum and daily republican., 1909-05-07
ALL WRONG, SAYS
JUDGE MCPHERSON
MISSOURI JuRIsT DECLARES
MURPHY, WHO MAKES THE
CHARGES, Is GROSSLY
MISINFoRMEp.

StErAnA@Sy 10 GnC6CIY
MIsINFoRMEp.
st Louis. Mo-. May Judge Smith
MCPHERSON issued q long statement
here today. reviewing his work In the
Missouri rate cases, and defending the
course taken by him IN those trials.
He asserted his willingness to undergo
a congressional investigation, "if any
one member of congress aside from
Mr.. Murphy thinks there should be
such committee" and added that the
Missouri congressman had done Judge
Phillips great wrong" as the latter
had practically nothing whatever
to do with these Missouri rate casse. -
The statement follows:
I know nothing about CONGRESSMAN
Murphy OF Missouri-never heard of
him until late last night-know moth
Ing of his motives or purposes-an
they are of no concern to me except
that, of course, do not like to be held
up in an unfavorable light in public.
His many 'whereases' preceding his
resolution are notable principally on
account Of the mistakes, both as to
what he says and what he either omits
or conceals. He, or someone for him,
ought to have gone to the courthouse
in Kansas City and obtained a memo
randum of the orders, which are on
record.
Doubted by Folk.
THE legislature of Missouri in the
winter OF 1905 passed maximum
freight Ia Hxy VA ~ {v1Sp, -.
modities. Governor Folk, in signing
that measure, sent message to the
legislature to the effect that he sign
ed with reluctance, and practically
said that he doubted it's validity.
3 About the time that the statute
took effect--in June, 1905-when I was
holding court at Kansas City, the ap-
plication was made to me for re-
straining order against the, enforce
ment of that law. Il set the, case down
for hearing within one or two weeks,
with a;temporary writ OF Injunction
Judge Phillips and I SAT- together in
that matter, and granted the tenn
porary injunction.
I filed no opinion. but think Judge
Phillips did-of this am not certain
/ had nothing more to do with that
case, directly or indirectly, for about
one year. Late in 1906, or early in
1907, the railway companies filed
motion to have the cases tried in open
court. Attorney General HadIey and
his assistants filed a motion to refer
the case to a master in chancery.
Judge Phillips overruled the rail-
ways and sustained the attorney gem
eral and referred the case to Mr.. SEQ
ftld of Hannibal. Mo-, WHO, as / un-
1t, was selected by agreement
OF both parties. My understanding is
that Mr. Scofield is a gentleman of the
highest character and attachments in
his profession.
Should Be Repealed.
I'm the winter of 1907 Attorney Cen
eral Hadley:. in an official report either
to the governor or to the legislature
q have forgotten which, said that. in
view et the evidence already taken
before the master in chancery, the
statute of 1905 should be repealed and
a substitute enacted therefor The
legislature did this. In June, 1907,
when | was holding court in Kansas
City, supplemental bills in equity of
these eighteen cases brought two years
before We're filed and / granted re-
straining orders, restraining the state
officers. from proceedings in the state
courts.
In the. application for a temporary
injunction the matter was most elab-.
orately and thoroughly argued, and
after argument both the attorney gem
eral and his assistants and the rail-
road attorneys agreed that tenn
porary injunction might be issued as
to the freight rate statute.
Insists on Test.
II made an order denying the order
as to the 2-cent passenger fare, in
sisting that the matter have q prac-
tical test for some months. Thus the
matter stood until about June, 1908,
when the attorney general and his as
sistants and the railway attorney APP
peared before me at Kansas City, and
by written agreement, filed an appli-
cation agreeing that Judge Phillips
order sending the case to the master
Of chancery should be vacated and set
aside, that the master should report
the evidence as already taken, that
the balance of the testimony should be
taken In open court m Kansas City,
Oct. 8, 1908.
"On that date / went to Kansas City
pursuant to agreement and by mutual
agreement the cases We're put off until
the Monday following erection, namely
Nov. 8, In the meantime | had cor
with Judge Phillips and
with Judge lSanborn, senior circuit
The cases and who should try them
Still later on had a personal confer
srce in ST. Louis with the four cir
sLit Judges as to who should try the
cases and whether singly or associ-
ated with some other district Judge,
D. one or more of the circuit judges
What that correspondence and the
discussion in the conference of the
Fous cfrcuit Judges was / must, in due
respect to the others. decline to say,
but he result OF 1t all was that / was
r. Irt ceed with the hearing of the
eases, giving many weeks to the most
srduons work. After the cases were
submitted, / requested that the tw
The railways should remain with ms
for consultation which they did for
about ten days, resulting m an agree
nent by the four experts These four
reduced their agreements to writing,
Iii signing, and ehis Is on file with the
clerk OF the circuit court at Kansas
city.
The Fishing Trip.