The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-05-06
NEW DEVELOPMENTS
IN RATE HEARING
In View Of Recent Congressional
Resolution, Two Judges Make
Public Statements.
JUDGE PHILIPS DENIES
ASSUMING RESPONSIBILITY
Shirked No Duty, but Was Only
on Bench to Take Nc
PherSOn's Place.

KANSAS CITY. May 5,--Missouri s
rate cases were again up for consider
alton in the federal court hero today,
when Judge Smith Mcpherson heard
Arguments for a permaneut injunction
to restrain the state officials from in
terfering in this litigation, which
originated in the United States court.
All OF the proceedings of the federal
court for the western district Of Mis-
souri, in these rate eases have, With
single exception. been handled by Judge
Mcpherson, who is tho presiding Judge
of the southern district Of Iowa.
Judge Philips. who, Is the presiding
Judge in the United States district
court for the western district of Mis-
souri,, has in the meantime been en-,
gaped with cases In the circuit court OF
appeals, and his only entry into the
present litigation has been 10 issue the
Temporary restraining order against the
state courts, simply to save Judge Nc
Phersou from coming to Kansas City TO
perform that act.
Judge Makes Statement.
At the opening of the court here TO-
day, Judge Philips assumed the bench
only long enough to make brief state
nept of his connection With tho cases
this as n result of Representative
Murphy IS resolution demanding a con.
pressional investigation of the acts OF
these two Judges. Judge Philips then
vacated the bench and judge McFhcr-
son, who had arrived during the morn
ing from st. Louis, was lett TO bear
the arguments in the injunction suit.
Judge Philips said be deemed 1t
proper at this juncture TO state what
every Informed person knows that
the rate cases were passed upon apd
left entirely TO Judge Mcpherson, be
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 has had TO take up the
work Of the United States court OF APP
peals
Rate cases were of such a nature that
ii was necessary that they be taken
in charge by u Judge who could 20
continuously through with them. He
said The final decree was rendered by
Judge Mcpherson, and that later Judge
Mcpherson gave a supplementary de
cjsion. He said because of the absence
Of Judge Mcpherson from Kansas City,
and because the eXigeucies of the stu
alton did not permit of delay, be was
asked by Judge Mcpherson 10 act pro-
visionaliy in granting temporary re-
straining order against certain deslg-
mated persons about ten days ago. He
consented and granted the temporary
order, hearing on which was the busi-
! ness of the court today.
Not Sinking Duty.
Gas every lawyer knows said
Judge Philips, ga temporary order
does not touch the merits of the case,
but is made to maintain the status quo
Of the points involved. y
Continuing. Judge Philips said:
''I want il distinctly understood that
T don t want to shirk any responsibility
whatever. I don It 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 l realize what is my re-
sponsibility TO tho public.
Judge Philips said that there seemed
to be great misapprehensiop as to
tho meaning of a temporary restrain
ing order, and IN the minds Of some
persons the idea seemed to prevail that
temporary and absolute restraining
order are one and the same thing.
He also said that 4 mistaken idea
prevailed that courts or individuals
could esta hlish rates IN a state. He said
.his was purely legislative function
and that the federal court was forbid
den by federal statutes from taking
any action by Injunction against a state
court or against the state itself. Such
an order operated amongst individuals
alone, he said.
In conclusion, Judge Philips said;
81 now turn this whole matter over