Potosi journal. (Potosi, Mo.) 1894-1929, 1909-06-02
The People and the Judges.

The effort of Hon. Pat Murphy,
of the sixteenth congressional dis
trict, to procure congressional cog.
nizance of the interference of the
federal courts with the execution
of state laws regulating railroad
rates. is likely to lead to serious
steps inside and outside of Con
gress. The lawyers of the St.
Joseph bar have appointed COM
mittee to investigate the reflections
which have been made upon the Of
fetal record of Judge John f.
Phillips, Democratic jurist, ap
pointed judge of the district court
for the western district of Missouri
by former President Cleveland.
This action was taken 10 safeguard
the reputation of the jnrist and to
protect his court from any sus-
picion or prejudice which the re-
marks made about him in Congress
and in the newspapers might Gre
ate, but it also contemplates prop
er steps in case the charges and in
situations afloat are found to be
justified. The attitude and the
judicial orders of Judge Smith Nc
Pherson, of the federal bench, in
the railroad rate cases will be in
vestigated also. but by different
methods, perhaps.
The people are very jealous of
the rights of sovereign state to
make and to enforce just laws, and
are not friendly toward the inter-
vention of federal courts in the in.
terpretation or enforcement of such
laws except where it becomes i'm
perative. This feeling against the
interference of the federal with the
state courts is not encouraged as
long as the federal tribunals seek
only to do exact justice TO all par
ties concerned. 1t is natural, how
eyer, for the people to demand the
cleanest, fairest and most righteous
proceedings possible when the fed
eral courts are brought into mat
ters pending in the state courts.
If federal judge oversteps the
bounds of his authority or under
estimates the rights of the slate
and her courts, he may expect the
severest criticism, if not antagon-
ism.
While Republicans have charge
of the execution of state laws and
are on guard to protect the rights
of the people. things must 60 right
or somebody will know the reason
why. Governor Hadley, being a
lawyer of distinction and feeling
disposed to grant the fullest exer'
else of both federal and state ju.
dicial authority, is not apt to be
found among those who express
mere prejudice concerning tho ac-
tion of a federal court. He knows
the law and knows the obligations
of the judiciary. We must not
expect him to place himself in the
position of an obstructionist in any
proper legal proceeding affecting
matters in his executive jurisdic.
ton, hut he certainly will not be
deferred from using every means
at his command to see that the
rights of Missourians and the laws
of the state have just as much con-
sideration at the hands of federal
courts as the interests of corpora
tions which seek TO evatle, TO avoid
or to suspend the statutes enacted
by state Legislature, or to set at
naught the will of the people as
expressed in their laws. He him.
self, sought through the regular
channels, to get the Missouri rate
situation before the Interstate
Commerce Commission aud before
Congress-, though he did not ask
Mr.. Murphy TO present to the
Congress the matters concerning the
federal judges which are now be-
ing investigated. Nor has he ask.
ed any bar or anybody to take up
these matters. His contention ia
with the courts and the federal
'sn,hositss, which have ihs right