Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-05-05
MCPHERSON LONG
UNDER SUSPICION
IoWA's FEDERAL JUDGE HAS FA-
voRED CORPORATIONS IN
MANY DECISIONS.
ATTACK BY CONGRESSMAN
RECALLS MANY INSTANCES
The Tampico Fishing Trip in Private
Car of tRailroas Attorney When Lit
isation Was Pending Considered in
Bad Taste by Members of tho Iowa
8a,-BIuffs Banquet is Recalled.
pecial to Times-RepublIcan.


in which Judge Smith Mcpherson is
held by the bar is familiar matter
III Iowa, and substantially all the facts
bearing upon the case which Congress-
man Murphy is said to have started in
congress for his impeachment, are
known to the lawyers of the state. The
idea that Judge Mcpherson can be Inn
peached is secuted, but all the lawyers
agree that the record is an interesting
one in view of the long recognized
leanings of the court toward the cor
porations.
Just now the lawyers are awaiting
with eagerness the decision of the su-
preme court on the Des Moines street
car case appealed from Mcpherson.
Hardly lawyer can be found who be-
lower court. The case involves in
depreciation of street car franchise
and purely local regulations, but Judge
Mcpherson took Jurisdiction and went
the length of enjoining the city from
proceeding under a decision of the
state courts to assume control of the
city streets. About the only excuse for
the interference of the federal judic-
iary was that the corporation could
not get any special favors in the state
courts.
Another remarkable case In recent
years in which Judge Mcpherson came
to the support of the corporations only
to be taken down by the higher court,
was that involving the attack on the
Iowa anti-compact law as to insurance.
Mcpherson had knocked out similar.
law in Nebraska and the state gave up.
The Iowa case ended In the insurance
companies winning a great victory be-
fore Mcpherson. Then Ole Roe. at that
time In charge OF the insurance. de-
partment of Iowa, and once. an insur-
ance man and lawyer. insisted upon
carrying the case to the higher court
This was done and Mcpherson was
reversed, and the Iowa anti-compact
law stands today in full force.
That Judge Mcpherson has always
sustained very intimate relations with
the attorneys and managers of the
great corporations, especially the rail-
roads, is an open secret in Iowa. tho
of course nobody has ever presumed to
question his entire freedom from bias
in disposal of corporation matters. Fol-
lowing his decision in Missouri over
turning she Missouri 2-cent fare law
there have been repeated rumors that
the railroads would go before McPher-
son and have the Iowa law knocked
out; but no sleps have as vet been
taken in that direction.
That Tampico Trip.
Apparently the movement for i'm
peachment made against Mcpherson
centers around what is known as the
"Tampico trip" of the Judge. This was
a high class junket starting at KAN
sas City and extending to Tampico,
Mexico, the party consisting of three
distinguished federal judges and three
influential railroad attorneys and a
few choice spirits added for full meas
ure. The three judges were McPher-
son. Phillips and Pollock. The repre-
sentatives of the railroads were Gard
ner Lathrop. general solicitor for the
Santa Fe railroad; S. w. Moore, gem
eral solicitor for the Kansas CITY
Southern; and o. M. Spencer, general
attorney for the Burlington system in
Missouri The junket was taken In the
private car of Mr. Lathrop.
The fact of the junket probably
would never have been known but for
the misfortune of the man who was
fitting up the buffet. A deputy game
warden took from him certain geese,
snipe and prairie chickens. The geese
and snipe he permitted to go into the
car refrigerator, but the chickens went
to court and the caterer was fined S35.
This incident shows that nothing was
omitted which would make of the
junket typical fishing expedition. Not
only was the game law violated, but
despite that Judge Phillips afterwards
explained that each one of the party
stood his share of grub and bait"
there was suspicion that the judges
accepted free transportation as "a
courtesy" only
1t developed, also, in statements
made by Judge Phillips especially that
junkets Of this character were not un-
common with him. He had visited the
Yellowstone Park in company with
Mcpherson, and otherwise had done
insisted that he and he alone was re-
sponsible for having Mcpherson of the
Tampico fishing party. as my personal
knowledge of his rare character and
social qualities brought him to view
and he was invited.
The interesting part of the "Tam-
pico trip" was the fact that the three
federal judges of the party presided
over districts in which the three rail-
road systems operated most largely. AT
the time of the trip Judge Trimbie, OF
Kansas City, in a published interview
pointed out that unquestionably the
three general solicitors would not have
had as their companions on this de-
lightful trip these three men but for
the fact that they were ali federal
Judges.
Was II Sugar. Coated Bait.
t.sNo doubt the invitation was fairly
innocently worded." said Judge Trim.
bic. "But the men Of the caliber Of ths