The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1909-05-06
GOV, HADLEY HALTS
|. PROBE FOR JUDGES
Says Move to Investigate Bench
Is UnWise.
MCPHERSON DEFENDS ACTION
Declares He Welcomes Inquiry and
Makes Light of Fishing Trip
Philips Decides to Maintain
Silence.

Washington, May 5.-No action Is
expected upon the sensational resolu-
ton introduced in the house Monday
by Congressman Murphy of Missouri,
asking for an investigation of the con-
duct of Federal Judges Smith McPher-
son and John F. Philips of the west
ern district of Missouri In the ltiga-
ton between the state Of Missouri and
the railroad companies over the maxi
mum freight law and the two-cent
passenger rate law.
A protest telegraphed by Gov. Had
ley stating that introduction Of the
Murphy resolution "at this time is UNI
advised" is expected to put the reso-
luton to sleep in the room of the
committee on rules, to which it was
sent.
Attorney General George w. Wick
ersham received a 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"
Mcpherson Not Afraid.
St. Louis, May 5.-Judge Smith Nc
Pherson, who with Judge Philips was
made the subject of charges before
congress yesterday, arrived here to-
day. At the depot he said that he
was not yet prepared to discuss the
Murphy resolution, but intimated that
he might prepare statement later.
Anything that a congressman does
can not be called to account IL 1t is
done in open session." he said. This
too, regardless of the ISLANDERS that he
may utter.
What l 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. 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 Fe system. a warm person
al friend Of mine. to go 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.
Commends Railroad Man.
Everybody who knows him knows
that he is a, perfect gentleman and a
man of the highest character as was
a., fnf ft,n
dent of the Missouri State university.
"In my opinion, filed March s. 1909.
|. said in substance that the fixing of
rates was a legislative act, Subject
only to being reviewed by the courts
as to whether such rates were suf-
ficiently remanerative., / used Ian.
guage which we lawyers call dictum.
| said that the courts had no powers
to fix rates, but that il | did have the
power. | would fix the passenger
rates at 21s cents per mile for the
stronger roads, and three cents for
the weaker roads,
Philips Will Not Ask Probe.
Kansas City. Mo-. May 5.-Judge
john F. Phillips of the United States
circuit court of this city yesterday
decided not to ask for congressional
investigation of the charges filed by
Representative Murphy.
Judge Phillips had contemplated
sending a telegram to Speaker Can
non asking for the appointment OF a
congressional investigating commit
tee.
Upon deeperreflection, he decided that
such a procedure would be bad prec
edent. as well as somewhat Irregular,
as congress would have no jurisdlc-
ton In the premises unless impeach
ment proceedings were started