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Show RATE CASES AGAIN UP FOR CONSIDERATION Kansas City, May 5. Missouri's rate cases were again up for consldera- tlon in the fedoral court today here, when Judgo Smith McPherson heard I arguments for a permanent Injunction . to restrain tho state courts and state ; officials from following In this lltlga- , tlon, which originatel In the United States court. All of tho proceedings of the federal court for tho western district of Missouri In these rate cases have, with a single, exception, been handled bv Judge McPherson, who Is the presiding judge of the southern district of Iowa. Judge Philips, who is the presiding judgo in the United . States district , court for tho western district of Missouri, Mis-souri, has in the meantime been en- j gaged with cases in tho 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 Judgo McPherson from coming to Kansas City to perform that acL At .the opening of court here today, Judge Philips assumed the bench only long enough to make a brief statement of his connection with the cases, this as a result of Representative Murphy's resolution demanding a congressional Investigation of the actF of thcBe 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 arguments argu-ments from the injunction suit. Rate cases were of such a nature that It was necessary that they be taken in charge by a Judge who could go constantly through with them. He said the final decree was rendered by Judge McPherson and that later Judge McPherson gave a supplementary decision. de-cision. He said because of tho absence ab-sence of Judge McPherson from Kansas Kan-sas City and because the exigencies of the situation did not permit of delay, de-lay, he was asked by Judge McPherson McPher-son to act provisionally in granting a temporary restraining order after certain cer-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 Innvolved." Continuing, Judgo Philips said: "I want it distinctly understood that I don't want to Bhlrk an responsibility responsibil-ity whatever. I do not want to shift one atom of responsibility that belongs to me upon Judge McPherson. My responsibility re-sponsibility Is determined by my oath of office and I realize what Is my responsibility re-sponsibility to tho public." Judge Philips said that there seemed seem-ed to ba great misapprehension as to the meaning of a temporary restraining restrain-ing order, and In the minds of some persons, the Idea seemed to prevail that a temporary and absolute restraining re-straining order are one and tho same thing. ' He alBO said that the mistaken idea prevailed that courts or individuals could establish rates in a state. Ho said this was purely a legislative function func-tion and that the federal court was forbidden for-bidden by the federal statutes from taking any action by Injunction against a state court or against the state itself. it-self. Such an orJer operated amongst individuals alone,' he said. In conclusion, Judgo Philips 6ald: "I now turn this wholo matter over to Judge McPherson and I want him to continue in charge of this case wholly uninfluenced by any action of mine." After Judge Philips had retired to his private chambers. Judge McPherson, 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 were then begun. |