The Irish standard., 1909-05-08
PROBE FOR JUDGES
FEDERAL JURlSTS TARGETS FOR
RESOLUTION INTRODUCED
IN CONGRESS.
MURPHY ASKS INVESTIGATION
Missouri Representative Would Grill
Philips and Mcpherson for Their
Action in States Rate Case
Charges Neglect of Duty.

charges neglect OF DuIy.
Washington, May 4.--Federal judges
John F. Philips and Smith Mcpherson
of the western district of Missouri
were targets in sensational resolu-
ton introduced in the house by Repre-
sentative Murphy Of Missouri yester-
day.
The resolution asks for commit
tee to investigate their conduct in the
Obligations between the state and the
railroad companies over the maximum
freight law and the Missouri two-cent
passenger rate law. 'a'
The preamble of the Murphy reso-
luton claims that the two judges ac-
companied certain railroad attorneys
on fishing trip, on which occasion
members of the party were arrested
for violating the game laws Of the
state. ,.
Accuses Philips of Neglect.
The resolution charges that Judge
Philips neglects his duty by continued
absence from the bench and that
when he does preside the court is in
session for only four hours each day.
Mr.. Murphy desires the general con-
duct of Judge Philips investigated,
contending that he is insulting to the
attorneys who are compeffett to prac-
tice in his court and also that he has
instructed at various times that the
jury bring in a certain verdict If
the Jurors bring in different verdict,
declares the resolution, Judge Philips
becomes insulting and practically
charges that they have violated their
oatbs as jurors.
The resolution recites the various
phases of the litigation, including a
statement that the railroad companies
agreed to establish certain rates with
in the state of Missouri in violation Of
the state antitrust law. 1t is stated
that the two judges rendered certain
decisions, which in effect usurped the
legislative powers of the legislature.
A protest telegraphed to-day by Gov.
Hadley stating that introduction of
the Murphy resolution "at this time is
unadvised," is expected to put the res
olution to sleep in the room of the
committee on rules, to which it was
sent
Attorney General George w. Wick
ersham received telegram from At
torney Frank Hagerman of Kansas
City, styling the Murphy resolution
IAN outrageous tissue Of misrepresen-
tation by one who has no knowledge
of the facts. o..
Philips viii Not Ask Probe.
Kansas City, Mo-. May 4.-Judge
John F. Philips to-day decided not to
ask for congressional investigation
of the charges made by Representa-
tive Murphy yesterday. He decided
that such procedure would be a bad
precedent, as we'll as somewhat irreg-
ular. as congress would have no juris-
diction in the premises unless impeach
ment proceedings were started
Mcpherson Not Afraid.
st. Louis, May 4.-Judge Smith Nc
Pherson, who with Judge Philips was
made the subject of charges before
congress yesterday. said:
What I did in the Missouri rate
case was done in open court with my
conclusions reduced to writing and
filed with the United States circuit
court clerk in Kansas City. I don't
intend to lose sleep over Mr.. Muir
phys resolution.
"As to the fishing trip Of three
years ago, this winter, have but lit
tie to say. was invited by Mr.. Gard
ner Lathrop, now general solicitor for
the Santa Fee system, warm person
al friend of mine, to 60 with the party
to Tampico, Mexico, and was gone
two or three weeks as his guest.
was then glad to be his guest, as
always am"