The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-05-06
RATE CASES AGAIN UP
FOR CONSIDERATION

Kansas City. May 5.-Missouri's
rate cases were again up for considera-
ton in the federal court today here.
when Judge Smith Mcpherson heard
arguments for a permanent Injunction
to restrain the state courts and state
officials from following In this lltiga-
ton. which originated in the United
States court All OF the proceedings
of the federal court for the western
district of Missouri in these rate cases
have, with single exception. been
handled by Judge Mcpherson, who is
the presiding judge of the southern
district of Iowa.
Judge Philips. who is the presiding
Judge In the United States district
court for the western district OF Mis-
souri,, has In the meantime been en-
gagged with cases in the circuit court of
appeals. and his only entry into the
present litigation has been to Issue the
temporary restraining order against
the state courts simply to save Judge
Mcpherson from coming to Kansas
City to perform that act
At the opening of court here today,
Judge Philips assumed the bench only
long enough to make brief statement
of his connection with the cases, this
as a result of Representative Murphy's
resolution demanding a congressional
investigation of the acts OF these two
judges. Judge Philips then vacated
the bench and Judge Mcpherson, who
had arrived during the morning from
St Louis, was left to hear the argu-
ments from the injunction suit
Rate cases were of such a nature
that 1t was necessary that they be
taken In charge by Judge who could
go constantly through with them. He
said the final decree was rendered by
Judge Mcpherson and that later Judge
Mcpherson gave supplementary de-
cision. He said because of the alb
sence Of Judge Mcpherson from Kan
sas City and because the exigencies
of the situation did not permit OF de-
lay, he was asked by Judge McPher-
son to act Professionally In granting
temporary restraining order after GER
tain designated persons about ten days
ago He consented and granted the
temporary order. a hearing on which
was the business OF the court today,
"As every lawyer knows" said
Philips" a temporary order does not
touch matters of the case. but is made
to maintain the status quo Of the
points involved" n
Continuing, Judge Philips said:
'I want it distinctly understood that
I don't want to shirk an! responsible
ity whatever. I do not want to shift
one atom of responsibility that belongs
to me upon Judge Mcpherson. My re-
sponsibility is determined by my oath
of office and | realize what is my re-
sponsibilIty to the public"
Judge Philips said that there seem
ed to ba great misapprehension as to
the meaning OF a temporary restrain
ing order. and in the minds OF some
persons. the idea seemed TO prevail
that temporary and absolute re-
straining order are one and the same
thing.
He also said that the mistaken idea
prevailed that courts or individuals
could establish rates in q state. He
said this was purely legislative func-
ton and that the federal court was for
bidden by the federal statutes from
taking any action by injunction against
state court or against the state IT.
self. Such an order operated amongst
individuals alone. he said,
In conclusion, Judge Philips said:
II now turn this whole matter over
to Judge Mcpherson and want him to
continue in charge Of this case wholly
uninfuenced by any action OF mine
After Judge Philips had retired to
his private chambers, Judge McPher-
son. who had been sitting by his side
during his entire recital. said that he
entertained exactly the same idea In
regard to restraining orders as had
been expressed by Judge Philips
The arguments In the injunction
case wera then begun