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Show SMITH MTHERSON 1 DIES IN IOWA Dee Moines, la. Jnn 17 Smith Mcpherson, fifteen years judge of the federal coun in the southern Iowa district, tiled tonight at 6 o'clock at bi home at Red Oak He had been ill for six months, following fol-lowing heat exposure, inducing severe se-vere indigestion. In Kansas City last July The automobile in which he was traveling at the time broke down five miles from town and he walked I the distance, was taken sick and has been unable to preside in court since that time. A few days ago he was granted a leave of absence of one year to recuperate and announcement of his demise was a surprise. He had been confined to his home, however, since his attack in Kansas, and fol lowing a critical relapse In August. Judge McPherson had been one of the Republican leaders of Iown since 1870. but the many important office! he held were chiefly in line with his profession, being district attorney, attorney general and judge, and having hav-ing served In congress only one year. His wife survives him Judge Smith McPherson was 65 years old and had been on the federal fed-eral bench since June, 1899. He was appointed by President McKinley upon the unanimous recommendation of the Iowa coi)gr isional delegation Judge McPherson frequently held; court In St. Louis and In Kansas ESty, sitting for other federal judges. In' this way he became connected with' the Missouri railroad case, his deci-1 sions upon which brought him Into j controversies with Attorney General I Barker of Missouri, with Congress-' man A. Phillips Murphy of the Six-: teenth district cf Missouri and with other prominent public men Granted Injunction. Acting with Federal Judge Phillips of Kansas t'it. Judge McPherson in Tune. 1905; issued a temporary injunction injunc-tion restraining state officials from enforcing the maximum freight rate law Two years later he Issued a similar injunction. In March, 1909, he issued a permanent injunction preventing pre-venting the state from enforcing tho 2-eent passenger law, declaring he be-1 lieved it confiscatory. The United States supreme court in 1913 upheld the constitutionality of the 2-cent passenger pas-senger and maximum freight rate laws. Attorney General Barker then an nounced he would filft suit in state courts to recover $25,000,000 allegei overcharge by Missouri railrondu while the rate caso waB under litigation. liti-gation. To forestall these suits the railroads asked Judge McPherion to retain jurisdiction over any further litigation concerning the rate law This Judge McPherson declined to do. Point Not Settled. He did, however, grant the railroads an appeal to the United State supreme su-preme court on their contention that the federal court should continue to rule on all litigation concermnK the rate law since the constitutionality of the law had been determined in a federal court. This point haw not yet been settled by the suprorac court. The supreme court mandate declaring declar-ing the rato law constitutional was made by Judge Mcpherson in June, 1913. but wae not recorded until November No-vember The restitution suits finally wer liled in circuit courts. Several of tnPm each claiming S2.000.000 for the pos.engers. shippers and tho state already have been lost. On May 3, ! 1909, the official conduct of Judge Mc- Pherson in the Missouri rate rase was I criticised In a resolution Introduced In the national house of representatives representa-tives The next dny Judge McPherson McPher-son defended his action In a caustic criticism of Murphy's resolution. |
