The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-05-07
M PETERSON
CONTINUES
n|NAANGT|0N
US JUDGE NOT DAUNTED
BY THREATS or I'M
PARCHMENT
---.-
PROPOSES TO STAND
BY FORMER DECREE
Entirely Willing 10 Allow
Supreme Court Dispose
Of Case

Kansna City. mo-, May Judge Me-
phernon, when be took The stand 10
hear The openins arguments on the
temporary restraining order against
state ofllials Of Missouri, recently is-
sued by Federal Judge Phillips In The
absence 0f Mcpherson from the city.
sprung e mild sensation He said
sbhat he believed the recent suit
brought by Seebert Jones. circuit al.
loriiey Tor 81. f.onIs, enjoining the
rallfoada oi Missouri from charging
the three-cent passenger fare. had
violated the injunctve order Of the
federal court. which restrained state
courts and state officials from proceed
Ing ngalnst the CARRIERS IN the present
litigation.
Injunction Continued,
Judge Mcpherson n the federal
court here today continued IN force
the temporary Injunction recently
granted BY Judge John r. Phillips re-.
ntrainlng seebert Jones, circuit attor.
lney % 81. Louis, from prosecuting the
suit fIled by him In the circuit court
0f that city seeking 70 restrain the
railroads Of Missouri from charging a
3-cent passenger fare.
No other eiatn Officers are Included
In the iniunctiye order. which Is to
fremaln IN force Hnntll differently or.
dered By this court The order con.
talned the reservation. however. that
supplemental orders might be issued
against other persons should subse.
Quent events demand such action.
Major Not included.
Judge Mcpherson said that he did
not include Attorney General Major
and the members 09 the state rail.
r0ad and warehouse commission In the
Injunction because they had stated tn.
der oath that they had not inspired or
encouraged The Sc Louis suit and did
mot intend 10 have anything 70 do wlth
It n tho future.
= can do nothing bnl accept theig
statements about thls. he said Tho
order applies la ali attorneys, serr.
ants and employer Of Circuit Atlor.
ncy Jones. therefore 4 includes John
Kennish and Rush Lake former az.
slstanls attorney general 10 Missouri,
without naming them
Basis Of Doeision
Judge Mcpherson based his decision
on the belief that the purpose of the
st. Louis suit was 10 reliiieale the
questions settled BY him I'd bis final
decree ON the Missouri rate cases ~.
sned March s, 1908.
That decree Is the law until II 20
reversed. said he, 'and n must stand
until 4 Is reversed BY an appellate
court 4 must Hot be tramnled upon
either The only way 10 which the
matters covered In That decree can be-
relltleaied Il by an appeal Or by 4 rc.
hearing In this court. The plnrney
general Of Che state, under oath here
yesterday stated that an appeal from
my decree will be taken TO The au.
preme court Of the United States !
must eni0In the circuit attorney Of so.
Louis from prosecuting a case IN St
LOTUS county which deals With the
same subject matter which was con
sIlered hy my decree
Judge Mcpherson referred % the
quo warranto suit filed II the stete
supreme court asking that the railt
roads be onsied from the state and
fined Cor agreeing and consplrlng TO
fix rates. and said:
Thls court Il entirely willing u al
low the supreme court 10 dispose Of
| that case
Challenges MaIof's Statement
The judge said his court had no
right 10 enloin the state supreme
court
On the Witness staaa her1 yaster-
day the attorney general said thas "
he found that the railroads had lla.
erangly violated the law he would at
tempt to drive them an out Of the
state. said fha judge
/ ~ 40 mot believe he meant that
40 not think he would be willing 10
see 4a,o00 or $4,000 employees oi ghe
lralIroada thrown out III employment
and Ehc people Or the state denied
railroad eonveniences
Judge Mcpherson prefaeed his de.
clslan with q statement thar he knew
a year aeb that lhe trial Of The Mis-.
IAourl RATE Gases would be q source 0f
annbyanea 10 him and that they would
| ia sim reasonably no good
| t4rhN preliminary REMARKS ol the
| Judge Indicated that he Il greatly slls.
| pleased b the criticism 81 his decl'