The Denison review. [volume] (Denison, Iowa) 1867-current, 1915-01-20
NOTED iowa
JURIST DEAD.
Judge Smith Mcpherson succumbs at
His Home in Red oak-Motor
Car Accident Responsible
a STRONG REPUBLICAN, LEADER
Served in Congress One Term, Was
District Attorney, Attorney Con-
erai and Federal Judge.

Des Moines, Jan. 17-Smith Me-
Pherson, fifteen years Judge of the
federal court in the southern Iowa
district, died tonight at 6 o'clock at
his home at Red Oak.
He had been i'll for six months fol-
lowing heat exposure, inducing severe
indigestion, in Kansas last July. The
automobile in which he was travelling
at the time broke down five miles
from town and he walked the distance,
was taken sick and has been unable
to preside in court since that time. A
few days ago he was granted leave
OF absence of one year to recuperats
and announcement of his demise was
q surprise. He has been confined to
his home. however, since his walk In
Kansas and following critical relapse
In August
Judge Mcpherson had been one OF
the republican leaders of Iowa since
1870. but the many important offices
he held were chiefly in line with his
profession. being district attorney. at
torney general and Judge. and having
served In congress- only one year His
wife survives him.
Red Oak, Jan. 17-Iudge Smith Nc
Pherson was 65 years old and had
been on the federal bench since June,
1899. He was appointed by President
Mckinley upon the unanimous recon-
incubation Of the Iowa congressional
delegation. Previously he had been
attorney general of Iowa. III
Judge Mcpherson frequently held
court in st. Louis and Kansas City.
sitting for other federal judges. In
this way he became contested with
the Missouri railroad case, his decis
ions upon which brought him into con-
troversies with Attorney General Bar
ker Of Missouri, with Congressman A.
Phillips Murphy OF the Sixteenth dis
trtct of Missouri and With other prom
inent public men. x !; y -
Acting with Federaf Judge PhiliIps:
Of Kansas City, Judge Mci7herson In,
June. 1906. issued q temporary inthhc-
tion restraining state officials from en-
forcing the maximum freight rate law.
Two years later he issued similar
injunction. In March. 1909. he issued
a permanent Injunction. preventing
the state from enforcing the 2 cent
passenger rate law, declaring he be-
lleved it cOnfiscatofy. Tho United
States supreme court In 1914 upheld
the constitutionality OF the cent pas
senger and maximum freight rate laws.
Attorney General Barger then an
nounced he would file suit in the state
courts to recover $24.OOO,OOO alleged
Overcharged by Missouri railways
while the rate case was under litiga-i
tion.
To forestall these suits the railroads
asked Judge MCPHERSON to retain jur-
isdiction over any further litigation
concerning the rate law. This he de-
clined to do.
He did, however, grant the railroads
an appeal to the United States su-
preme court on their contention that
the federal court should continue 10
rule on all litigation concerning the
rate law, since the constitutfonality, Of
the law had been determined in q fed
eral court. This point has not yet
been decided by the supreme court
The supreme court mandate declar-
ing the rate law, constitutional was re-
ceived by Judge Mcpherson In June,
1913. but was not recorded until No
vember. The restitution suits finally
were filed in circuit court. Several
Of them-each claiming $2.000.O0O for
the passengers, shippers and the state
already have been lost. On May ;.
1909, the official conduct Of Judge Nc
Pherson In the Missouri rate case was
criticized in a resolution introduced
In the national house OF representa-
tives. The next day Judge Mcpherson
defended his action in caustic criti-
cism OF Murphy's resolution.