Omaha daily bee., 1915-01-19
SMITH MCPHERSON
DIES AT RED OAK
Judge Of Federal Court in Iowa for
Fifteen Years Passes Away
at His Home.
PASSED ON BIG MEASURES

DIES MONIES. Jan. is.--Smith McPher-
son, fifteen years Judge Of the federal
court in the southern Iowa district. died
last night at o'clock at his home at Red
Oak.
lie had been IN for elk months. follow
ing heat exposure. inducing severe in
digestion. in Kansas last July. The auto
mobile In which he was travelling az the
time broke down five miles nom 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 re9uperate and announcement OF
his demise was a surprise. He has been
confined to his home. however. since his
attack in Kansas. and following critical
relapse in August
Held Many offices.
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. attorney general
and Judge and having served In congress
only one year His widow survives him
Judge Smith Mcpherson was Is years
old and had been on the federal bench
since June 1889 He was appointed by
President Mckinley upon the unanimous
recommendation OF tina Iowa con-
gressional delegation. Previously he had
been attorney general OF Iowa.
Missouri Rate Cases.
Judge Mcpherson frequently held court
In ST. Louis and Kansas City. sitting for
other federal judges. In this way he be.
came connected with tho Missouri rail-
road case, his decisions upon which
brought him into controversies with At
torney General Barker OF Missouri, with
Congressman a. Philips Murphy OF the
Sixteenth district OF Missouri. and with
other prominent public men.
Acting with Federal Judge Phillips OF
Kansas City. Judge Mcpherson in June,
1905. issued n temporary injunction
restraining state officials from enforcing
the maximum freight rate law. Two
years later he issued a similar Injunction
EniOins Tso-Cent Fare.
In March, 1902, he issued permanent
Injunction preventing the state fro,.f en-
forcing the 2-cent passenger rae law,
declaring he believed Il oonfiscatory The
United States supreme court IN 1914 up
held the eonstitutionallty OF the s-oent
passenger and maximum freight rate
laws.
Attorney General Barker then an
nounced he would file suit IN state
courts to recover s24.00ooO0 alleged over
charged by Missouri railroads while the
rate case was under litigation.
To forestall these suits the railroads
asked Judge MCPHERSON to retain juris.
diction over any further litigation con.
corning tho rate law. This Judge Nc
Pherson declined to do.
Roads Granted Appeal.
He did. however. grant the raIfroada mn
appeal TO the United States supreme
court on their contention that the federal
court should continue 10 rule on all III.
sauon concerning the rate law. since the
constitutionaiity OF the law had been de-
termined In a federal court. This point
mas not yet been settled by the supreme
court.
The supreme court mandate declaring
the rate law constitutional was received
by Judge Mcpherson in June, 1918. but
was not recorded until November. The
restitution suits finally were filed in cir
cult courts. Several of theni7-eaoh claim
ing 100000 for the passengers, shippers
ana the estate already have been lost.
On May g. 1910. the official conduct OF
Judge Mcpherson IN the Missouri rate
case was criticised in resolution intro.
duced In the national house Of represent
atives. The next day Judge MoPheraon
defended his action In a caustio criticism
OF Consressman Murphy's resolution.
Funeral Will Ne weanaaday.
The funeral OF Judge smith Mcpherson
will be held Wednesday at Red Oak. with
Rev. 4. J. Mackay. pastor OF the All