Evening star., 1909-05-04

Representatives yesterday by Representa-
tive Murphy. arrived here today. He is
sued long statement reviewing his work
i'll the Missouri rate cases and defending
the course taken by him in those trials.
He asserted his willingness to undergo
Congressional investigation "if any one
member OF Congress aside from Mr..
Murphy thinks there should be such a
committee and added that the Mis-
souri, congressman had done Judge Philips
great wrong" as the latter had prac-
| tically nothing whatever to do with these
Missouri rate cases.
Judge McPherson's Statement.
The statement follows:
Il know nothing about Congressman
Murphy OF Missouri: never heard Of him
until late last night; know nothing OF his
motives or purposes. and they are of no
concern to me except that, of course, I
do not like to be held up in an unfavor-
able light In public.
Ills many whereases preceding his
resolution are notable principally on ac-
count Of the mistakes. both as to what
he says and what he either omits or con-
ceals. He. or some one for him, ought
to have gone to the courthouse in Kansas
City and obtained memorandum of the
orders which are on record and state the
truth.
THE legislature Of Missouri. in the win
ter Of 1905. passed maximum freight
law, pertaining to certain commodities.
Gov Folk. in signing that measure, sent .
message to the legislature to the effect
that he signed 1t with reluctance and
practically saying that he doubted Its Va
lidity.
about the time that the statute took
effect-in June, 10o5-when / was hold
ing court at Kansas City. the application
was made to me for q restraining order
against the enforcement Of the law.
set the case down for hearing within one
or two weeks, with a temporary writ OF
injunction.
Judge Phillips and l sat together in
that matter and granted the temporary
Injunction. I filed no opinion. but l think
Judge Philips did-of this 1 am not GER
tain. ] had nothing more to do with that
case, directly or indirectly, for about one
year.
Cases Up for Trial.
Late In 1906 or early in 1907. the rail-
way companies filed a motion to have the
cases tried in open court. Attorney Cen
eral Hadley and his associates filed mo-
ton to refer the case to a master In chan
Gerry.
Judge Philips overruled the railway
companies and sustained the attorney
general. and referred the case to Mr;
Schofeld of Hannibal. Mo-. who. as /
understand 1t, was selected by agreement
of both parties. Ny understanding is that
Mr. Schoheld Is a gentleman Of the high
est character and attainments IN his pro-
fession.
I'm the winter OF 1907 Attorney General
Hadley, in an official report, either to the
governor or to the legislature-I have for
gotten which-said that in view or the
evidence already taken before the master
in chancery the statute OF 1905 should be
repealed and q substitute enacted there
fore The legislature did SO.
I'm 1907 when I was holding court In
Kansas City. supplemental bills in equity
of these eighteen cases brought years be-
fore were filed, and granted restraining
orders restraining the state officers from
proceeding in the state courts
Both Sides Agreed.
I'm the application for temporary in
junction the matter was most elaborately
and thoroughly argued. After argument
both the attorney general and his asso-
cfates and the railway attorneys agreed
that a temporary injunction might be Is
sued as 10 THO freight idlC pldLolc.
81 made an order denying the order as
to the 2-cent passenger fare. insisting that
the matter have a practical test for some
months.
Thus the matter stood until about
June 1905. when the Attorney General and
his associates and the railway attorneys
appeared before me at Kansas City and by
written agreement filed and application
| that Judge Philips order sending the case
to the master In chancery should be va
Gated and set aside: that the master
taken. and that balance OF testimony
should be taken nopen court In Kansas
City, commencing October. :. 1908.
"On that date l went to Kansas City
agreement the cases were put off until
| the Monday following election. namely
November Q.
"In the meantime. I had had corre-
spondence with Judge Philips and with
Judge Sanborn, senior circuit judge Of
| this circuit, as to the trial of the cases
and who should try them. Still later on
| / had a personal conference In ST. Louis
with the four circuit judges as to who
should try the cases and whether single
| Judge or one or more of the circuit
judges.
| What that correspondence and the
discussion at the conference Of the four
the others. decline to say. But the result
| of It all was that l was to proceed with
| the hearing Of the cases, giving many
weeks to the most arduous work.
| After the cases were submitted I re-
uuested that the two experts for the state
and the two for the railway companies
should remain with me for consultation.
which they did for about ten days, result
ing in an agreement by these four ex-
perts.
| All Sign Agreement.
These four experts reduced their agree
ment to writing, all four signing. This is
on file with the clerk of the circuit court
at Kansas City.
There has never been an order made
by way Of injunction as to the freight rate
statute, except as by agreement Of attor-
news on both sides except. of course. the
final decree made March s. 1909, by me.
l denied the temporary injunction as to
passenger rates, and there has been no
Injunction as to them as to the final de-
cree
"As to the fishing trip of three years
ago this winter, l have but little to say.
| was invited by Mr.. Gardner Lathrop.
now general solicitor for the Santa Fe
system, q warm personal friend of mine.
| to go with the party to Tampico. Mexico.
and was gone two or three weeks as his
guest.
Il was then glad to be his guest as l
always am. Everybody who knows MN
man Of the highest character. as was
his father before-the longtime president
of the Missouri State University.
I'm my opinion, hled March 8, 1909. l