The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

st. Louis. May 6.-Judge Smith Nc
Pherson. of Red Oak, Ia, issued a long
statement here today reviewing his
work in the Missouri rate cases and
defending the curse taken by him in
those trials. He asserted his willing
ness to undergo a congressional inves-
tigation IF any one member of con-
gress aside from Mr.; Murphy thinks
there should be such a committee,
and added that the Missouri congress-
man had done Judge Philips a great
wrong" as the latter had practically
nothing whatever to do with these Mis-
souri, rate cases"
The statement in part follows:
II know nothing about Congressman
Murphy, of Missouri-never heard of
him until late last night: | know Moth
ing of his motives or his purposes
and they are OF no concern to me ex-
cept hat of course | do not like to
be held up in an u~nfavorable light in
public. His many 'whereases' preced-
pally on account of the mistakes, both
rs to what he says and what he either
omits or conceals. He, or some one for
him. ought to nave gone to the court
house in Kansas City and obtained a
memorandum of the orders which are
on record and state the TRUTH"
Here Judge Mcpherson sets forth in
detail how he came to be nix up in
the Missouri rate contest. and tells
what his course therein was.
That Fishing Trip.
"As to the fishing trip of three years
ago this winter" lie says, II have but
little to say. l was invited by Mr..
Gardner Lathrop, now general solicitor
for the santa Fe system. a warm per
party to Tampico. Mexico. and was
gone two or three weeks as his guest.
| was then glad to be his guest, as 1
always am. Everybody who knows
him knows that he is a perfect gentle
mar and a man of the highest char
the long time president of the Missouri
State university"
Record. Refute Charges.
Mr.. Murphy says in his resolution
that he wants a committee appointed
to make an investigation. / very much
doubt whether he wants such a COM
mittee. because If he knows anything
about the cases. he knows that he cam
not s~ubstantiate one word of his res
olutions. The records of the United
States court of Kansas City are al. all
sOlute retutatiOn of every ~disDaraging
recital he makes, but of course I shall
not object to a committee and if any
II member of congress-. aside from Mr..
Murphy, links there should be such a
cqmpittee, l will gladly see it APP
pointed.
LAS to the order of April "a. 1909, the
railroad companies, by wire and Ions
distance telephone. wanted me to go
to Kansas City. which / was unable to
do by reason OF Official engagements.
but stated that I would be in Kansas
City. May S. to close up other matters
in bankruptcy and of minor IMPORT
ance. T%hereupon. as l understand 1t.
Judge Philips issued a restraining order
against the parties from proceedings in
the state courts OF st. Louis and set the
matter down for hearing in Kansas
City, May S, when and where / will he
present.
AZ to Conflict.
you ask me as to the so-called con-
fict OF jurisdiction between the state
and the United States courts. No one
on either side of the cases questions
the fact. but that the cases were first
brought in the United States courts in
Kansas City in the spring or summer
Of 1905.
Right OF wrong, 1 believe right. I
held in June, 1907, that the entire sub
ject matter was still pending in the
United States courts at Kansas City,
w%hereupon I allowed supplemental bills
to be filed carrying forward the statutes
of 1907, both as to freight and pas
senger rates. 1t is an elementary rule
of law that the court which had taken
jurisdiction of a subject matter retains
ia Jurisdiction until the final end and
hat other courts mo intervene"