Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1914-01-15

II WILL Dc tudG WueQ
the State authorities attempted to en-
force the reduced freight and passen-
ger schedule the railroad corporations
went before Judge Mcpherson of the
Federal Court and had them enjoined
The Judge set aside the enacted will
of this so-called Sovereign State, de-
claring it "confiscatory," The State
appealed to the U. S. Supreme Court,
which, after the usual tedious legal de-
lay, told Mcpherson that he was all
wrong; that the law in question was a
good and just law, and he must re-
lease his clutch upon the throat OF
"Poor Old Missouri" In the mean
time, the railroads had been collect
ing freight and passenger charges at
the old rate right along, and the sum
total in excess of the lawful rates
amounted to millions. Attorney
General Barker brought suit to re-
cover the excess, and again the rail
roads flew to Mcpherson for pro-
lection. They wanted the State ten
joined" some more. Last Saturday
the matter was up before His Honor,
and the report of the proceedings
makes mighty interesting reading. 1
subjoin some excerpts therefrom:
"You can't continue to police this
state for the railroads; you can't act
always to keep them from hurt" said
Mr.. Barker. "Do you know whal
you've done? You tied the hands of
the attorney general by holding up
the rate laws by injunction, SO that
more than 5000, 900 people had to pay
more than they should. Now the
attorney general demands that you
unite his hands. Isn't that honest?
Let the railroads take the appeal, if
there is one, at once. The state is
tired of having to appeal all the time,
even though it always wins. Why not
let the railroads take the appeal at
ono and not the people?"
"These outside statements neither
appealto nor persuade me-" thunder
ed Judge Mcpherson. ~ must de-
eide, first, if there is anything left
open in the mandate which directs
that jurisdiction should be retained by
this court; second, has anything trans
PRED or arisen to justify a change
in the opinion / prepared December
90"
Barker was on his feet again, his
face red with anger. "If you mean
by something 'transpiring' the suits
that l have brought against the rail-
roads to collect back for the people
the money they wrongfully collected,
then you might as well enjoin me.
Pm going to prosecute these suits
regardless of what action you take, if
/ have to go the United States Su-
preme Court to get my hands united.
l want to ask you why do the rail-
roads always want this court? Why
do they avoid the State Supreme
Court? Why do they always come
hero? want to know the reason and
the people OF Missouri do" Barker
declared it was "monstrous" for the
railroads to claim that they we're IL
able only for $40, 1000 each, when they
had collected millions Of dollars in
over-charges.
Judge Mcpherson remarked that
the state at no time had objected to
the size of the bonds.
Barker said that former Gov. Had
ley had asserted that the bonds were
only to cover costs and not to
measure the liability of the railroads
for damages. And if the state had
not objected, should any Judge sit by
and accept a bond of $40, 200 as a
measure OF liability which he knew
would aggregate millions, without
bringing reproach and opprobrium
upon HIMSELF"
~ made no order whatever, now
or at any time, relating to the bonds,''
said Judge Mcpherson.
swell, you certainly wouldn't see a
man take Sic, 900 900 and claim he
didn't have to pay back but $40, 900,
would you?" Barker asked.
81 say / never have made an order
about the bonds" Judge Mcpherson
replied. "The records show that
Judge Phillips, for whom / have the
highest regard, accepted the bonds
That Is the record, and it bears me
out.u
Barker said all he wanted was for
the court to dismiss the injunctions
without prejudice, and he would take
care of the peoples interests in the
state courts. "Did the order that you
made December 20 dissolve the i'm
Junction." he asked the Judge. Judge
Mcpherson, rather angry at the grill
ing from the attorney general, would
not reply. "How can / find out
whether the injunctions are dissolved
II you don't known Judge McPher-
o did not answer him again.
1.-THE Supreme Court OF the United
Hfataa told VIM tn dfeaolva fha ;ninno.