Evening star., 1909-05-05
RATE CASES IN COURT
Arguments on Injunction Be-
gun in Missouri.
RESTRAINS STATE COURTS
Forbids Them to Interfere in the
Railroad Litigation.
JUDGE MCPHERSON ON BENCH
Hearing Begun After Explanatory
Statement by Judge Phillips Of
His Part in Issuing Order.
RESTRAINS STATE COURTS
JUDGE MCPHERSON ON BENCH

KANSAS CITY, Mo-, May 5.-Missouri's
rate cases were again up for consideration
in the federal court here today. Judge
Smith Mcpherson heard arguments on a
motion for a permanent injunction to re-
strain the state courts and state officials
from interfering in this litigation. the
case having originated in the United
States courts.
An amended decree to the original pas
senger and freight rate decision was filed
in Kansas City April IL by Judge Nc
Pherson. It restrained the state courts
from interfering In the regulation of the
rates, but II was general In its applica-
ton. Judge John F. Phillips issued an
injunction a week later in the federal
court which absolutely tied the hands OF
every state court, every state and county
official and every private cit against
regulating railroad rates. Arguments for
a permanent Injunction on Judge Phillips
order were set for today. This order was
intended to prevent the circuit court or
st. Louis from proceeding with an In
junction against the railroads In Mis-
souri,
Charges in Injunction.
The injunction In the state court in
ST. Louis charges that the railroads In
Missouri are in an unlawful combination
to increase passenger rates. 1t was fnsti-
tuted by Seebert Jones. circuit attorney OF
st. Louis, at the suggestion of state Of
ficers.
All of the proceedings Of the federal
court for the western district OF Missouri
in these rate cases have, with q single
exception. been handled by Judge NC.
Pherson, who Is the presiding judge OF
the southern district Of Iowa. Judge
Phillips. who is the presiding Judge In
the United States district court for the
western district Of Missouri. has In the
meantime been engaged 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 KAN
sas City to perform that act.
Judge Phillips Explains.
At the opening of the court here today
Judge Phillips assumed the bench only
long enough to make brief statement OF
his connection with the cases. this as .
result of Representative Murphy's resolu-
ton demanding a congressional investiga-
ton 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 arguments OF the state and
the railways Injunction suits.
Judge Phillips said he deemed 1t proper
at this juncture to state what every In
formed person knows" that the rate
cases were passed upon and left entirely
to Judge Mcpherson, he having been as
signed to that work at the very outset.
Judge Mcpherson was given control of
these cases. Judge Phi Hips said. because
he (Phillips) had to take up the work of
the United States court of appeals. He
said that because of the absence OF
Judge Mcpherson from Kansas City and
because of the exigencies of the case did
not permit delay he was asked by Judge
Mcpherson to act Professionally In grant
ing temporary restraining order about
ten days ago. He granted the temporary
order, a hearing on which was the busi-
ness of court today. AS every lawyer
knows" said Judge Phillips, "a temporary
order does not touch the merits of the
case, but is made to maintain the status
quo Of the points involved.
Assumes the Responsibility.
81 want it distinctly understood that
do not wish to shift one atom OF reSpon-
sibility that belongs to me upon Judge
Mcpherson. Ny responsibility Is deter
mined by my oath Of ONCE and i realize
what is my responsibility to the public.
II now turn this whole matter over to
Judge Mcpherson, and l want him to
continue in charge OF this case wholly
uninf1uenced 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 entertained
exactly the same idea In regard to re-
straining orders as had been expressed
by Judge Phillips.
The arguments on the injunction case
then began.