Omaha daily bee., 1909-05-05
DEFENSE BY MCPHERSON
Attacked Official Issues Statement Re-
lating to Rate Case.
SAYS MURPHY GETS FACTS WRONG
Reviews Rnilrond Case at Length
and Says Folk Signed the
Law Believing that IL
Was Invalid.

ST. LOUIS, May 4.-Judge Smith Nc
Pherson issued a long statement here to-
day reviewing his work in the Missouri
rate cases and defending the course taken
by him in those trials. He asserted his
willingness to undergo a congressional in
vetigation 'if any one member Of congress
aside from Mr.. Murphy thinks there should
be such committee" and added that the
Missouri congressman had done Judge Phil
ps a great wrong" as the latter had
practically nothing whatever to do with
these Missouri rate cases"
In the statement, he says:
Il know nothing about Congressman
Murphy OF Missouri-never heard of him
until late last night / know nothing of
his motives or his purposes-and they arc
of no concern to me except that, of course,
do not like to be held up in an unfavor-
able light in public His many whereases'
preceding his resolution are notable prin-
cipally on account of mistakes. both as to
what he says and what ne either omlts or
conceals. He, or some one for him. ought
to have gone to the court house In Kansas
City and obtained a memorandum of the
orders which are on record and state the
truth.
of 1905 passed a maximum freight law
pertaining TO certain commodities. Gov
ernor Folk in signing the measure sent a
message to the Legislature to the effect
that he signed It with reluctance and prac.
tlcally saving that he doubted its validity
Judge Mcpherson then reviews at some
length the history of the rate legislation.
Fishing Trip 10 Mexico.
Continuing. he says:
There has never been an order made BY
way of injunction as to the freight rate
statute except as by agreement by at
torneys Oh both sides, except. OF course
the final decree made March by me.
denied the temporary injunction as &c
passenger rates and there has never beer
an injunction as to them until the fna
decree.
LAS to the fishing trip OF three years age
| this winter, | have but little to say.
was invited by Mr. Gardner Lathrop, nov
general solicitor for the Santa Fe system
| a warm personal friend of mine, TO go witt
the party to Tampico Mexico, and wa
gone two or three weeks as his guest
was then glad to be his guest as 1 al
ways am. Everybody who knows hin
knows that he is a perfect gentleman anC
man OF the highest character as wal
his father before hm-the long time presi
dent of the Missouri State university"
In my opinion, filed March g. 1909. l saiC
| In substance that the fixing OF rates wa
| an executive act subject only to beinI
/ reviewed by the courts as to whether sucl
rates were sufficiently remuneratve
used language which we lawyers call die
| tum. ] said that the courts had no power
to fix rates, but that II I did have IN
power l would fix the passenger rates a
2la cents per mile for the stronger road
and cents a mile for the weaker roads
My understanding is that Governor Had
| ley was most delighted with that dictum
but | may be mistaken in that. and yo
will have to confer with Governor Hadle
as to that Al all events, the railroads
through some OF their counsel. were In
dignant at this expression. and recent
filed a motion before me to eliminate tina
expression, which last week I denied by
written opinion now on file with the cier
OF the court at Kansas City.
THE railroads likewise moved that a
the costs be taxed against the state off
GERS. which, In fact would be against IN
state OF Missouri. The taxable court cost
| fContinued on Second pa1aN