St. Louis Post-Dispatch
June 26, 1910

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—ae problems form a great part of the worries of the big manufacturer. He is constantly look- I ing for desirable men who can fit themselves for responsible places on his selling foree. This recruiting work is done thfough the Post-Dispatch salesmen columne—and one of today’s offers may be for-you. Read the want ads.

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¢ VOL. 62. NO. 310. ST. LOUIS, SUNDAY MORNING, JUNE 26, 1910.

PRICE FIVE CENTS. Post-Dispatch “Country Board” i] want columns this summer for farm. The rate is 14 words for 20 cents. Post- wants T. LOUISANS will consdit (i stritable places on the Dispatch will give your ‘invitation the widest publicity.

JUDGE PHILIPS ORGANIZES THE LET-US-ALONE CLUB: LEAVES FEDERAL BENCH, READY TO FISH OR FIGHT —_——-—~\ » > wv De me oe Ole eS OF, gerd ke 4

“I Have Adhered to the Law’’ Is His Reply to Criticism, and He Praises Moral Courage of Judges Who Make Unpopu- lar Decisions When They Deem the Law Requires Them to--Believes in Light Sen- tences and Kind Words for Criminals. By a Staff Correspondent of the Post-Dispatcn. KANSAS CITY, Mo.,. June 26. JHN F. PHILIPS, who retired today from the bench of the United States District Court, makes this reply to official and private criti- Cisms of his work as a judge: “I have adhered to the law.” This, to Judge Philips, represents {n its fullest measure the meaning of the word “Duty.” To show what comes to pass when a judge con- siders anything beside the law, the veteran Fed- eral jurist told the Post-Dispatch correspondent, in the course of a two-hours’ interview at his home, an incident about the late Judge Burr Emerson. . sg i! was holding court not long after war time,” Judge Philips related, “and was trying a man ee treason. When the testimony was all in,’ and a motion was made to dismiss the case, old Burr listened to the arguments and then ad- gourned court, saying: “4% want to get out on the street and see what think about this.’” the “boys” and the mature public have thought about the effect of his decisions has never Judge Philips. But every imputation against their four-square conformity to the Fed- eral statutes has aroused in him a spirit like that In which Cardinal Richelieu exclaimed: * * * ‘Men have called me cruel, Iam not—I am just * * * What was my art? Genius, some say—some, Fame—Witchcraft,

some, Not so—my art was Justices. Law Is Only Guide in Giving His Decisions HAT justice is done when the law is lit- erally observed is as much an axiom with __ Pallips as it was with Bulwer's white- the statutes.

haired hero. If in an issue between the people and corporations, the law does not always favor the people—if the law even shows traces of cor- poration authorship—that is a matter for the law- makers to explain. The judge cannot go behind Judge Philips cited a concrete case of this sort when he remarked: “Look at the judges of the Missouri Supreme Court who freed old Ed Butler. They knew the public believed that Butler ought to be punished. They knew the public would applaud them if they affirmed his sentence. But they found that the law, in their opinion, favored the defense, and they reversed Butler’s conviction, knowing that they would be condemned by the public, as they were condemned, for doing so. Their action proves to me that they were men of moral courage. “If the public is not always satisfied with the. workings of the law and its interpretation by the courts, the public must remember that the judges are not always satisfied, either. “Often I have been compelled by my under- standing of the law to render decisions which I deeply regretted. Some of them I regretted be- cause of the issues involved, some because of the men concerned. Sometimes I have seen a lawyeT take an adverse decision, in a case which really meant a great deal to him, in such a Joyal and im- persona] way that I have hoped he might later come before me with a case which I could de- cide in his favor.” {SRRR Chene Sranet -sentienante poneibiy 40:29" mont | od TA ] ~ SSS —\ SN .* ae - 4 » * > ase oat _ - —* 7 ; - —_—> extend to Representative “Pat” Murphy appeared when Judge Philips said: ‘“y am hoping for a. peaceful retirement; but my ancestry on one side is Irish, and the Irish are never at peace except when they’re fighting; and I’ve inherited the fight- ing epirit from the Scotch side of my an- cestry, too. Ht may crop out yet. “But I do expect;’’ he said a few mo- ments later, ‘‘to do some fishing soon which will not get into the Congressional Record.” Laughs When a Ruling Holds up Club Charter ET the Let-Us-Alone Club, which the Y Judge and some of his friends organized a few days ago, is encountering trouble at an earlier stage than did the famous Tampico tar- pon expedition of five seasons ago. For a Bates County judge, reading a jocose news item about the new club, concluded that it was a lid-lifting organization and held up the issuance of the need- ed charter. Judge Philips makes merry over this judicial ob. stacle to his outing plans. But he has no smiles in talking of\the Tampico incident. “They have charged,” he says, “that the railroad rate cases were discussed on that trip betivreen the railroad attorneys and the judges, and they have said that a shot was | was fired into the car roof was from which was discharged by accideng

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ohn F. PALAPS. Noted Missouri Federal Jurist, Retiring at the Age of 75, Reminds His Late Antagonists That He Is Descended From the Irish, Who. Are Never at Peace Except When They Are Fighting-His Story of the Tampico Fishing Trip.

the suggestion, and put our money on Gabrtel. “Well, Gabriel simply died at the post. He was still “backing and shying when the winner came in. “Jack Chinn was quite a while getting around ) to us, but when he did come he tried to cheer us basket when we started they have made a vast hue and cry about the case, and have made many people believe that some great wrong was con 7 “They,” in this connection, are not only his congressional critics, but the Socialists, who have placed no apparent limit on their deductions from the presence of Federal judges with railroad at- torneys at the Mexican fishing resort. Bugene VY. Debs, speaking at a safe distance from the gilded dome of the Kansas City Federal building, has been one of the most persistent of Judge Philips’ detractors. With these things to keep him reminded of his fighting Hibernian ancestry, the Judge is taking with him into private life a rich fund of friend- ships and pleasing recollections of his 54 years of public service, which began in the army, and the last 22 years of which were spent on the Federal bench. Poorer Than When His Court Service Began E DOES not take much else with him, he declares. His home on Linwood boulevard is in the city’s choicest residence section, but it is a rather plain frame house, and its furni- ture and pictures are in the styles of ‘70s or the 80s. A religious touch, supplied by a framed prayer and an emblematic “Rock of Ages” paint- ing, is relieved by the presence, on a shelf not far away, of a bottle of broad girth and gilded brown label, the repository of Kentucky's most famous product. “J am leaving the Federal bench,” he declares, “with less than I had when I began my service there. Oongress has increased its own salary, but the efforts of the Federal judges to obtain an increase have fared as old Gabriel did. “Gabriel was a horse that was running at the st. Louls Fair Grounds years ago. Gov. Critten- den, Col. Broadhead and I were at the track, and Col. Jack Chinn, as a special favor to us, ad- vised us to bet on Gabriel We were grateful for

up with, ‘Ah, gentlemen, if Gabriel had ever got started, he’d have been a winner.’ “And so might the bill to increase judges’ pay win—if it could ever get started.” ° But his $6000 a year, which continues on his re- tirement, has not been Judge Philips’ only com- pensation: Another form of reward was shown when he told how a young law school graduate re- cently called on him to ask for admission to the bar. “Of course I can admit you,” the Judge told him. “Just as well do it now. I’m satisfied of your qualifications, and I would have admitted you some time ago if you had applied.” “I won’t have you admit me just now, Judge,” said the young man. “If you can arrange it, I'd like to have you do it as your last act on the bench. I’ve been rather waiting for that.” Judge Philips said he could arrange it, and told the candidate to be in court this afternoon, prom- ising to issue all his orders for the day, and transact all other business, before issuing the young man’s certificate. Vetern Made Citizen and Then Dies Happy 66 T REMINDED me,” said the Judge, “of an | old fellow who came before me a few years ago. He was so old that he re- membered having seen Wellington’s army return from the Battle of Waterloo in 1815. “He was in my Missouri regiment in the war, and he wag an old man then, a Mexican War vet- eran. he walked into my courtroom a few years ago, I was as surprised as if I had seen a ghost, and I greeted him with some guch delicate query as, ‘Aren’t you dead yet?’ “He assured me that he wasn't, and startled me further by saying he wanted to be naturalized. He lived at the Leavenworth Soldier’s Home, he said. “ ‘Haven't you been voting all these years? I asked him. “ ‘Every time they'd let me,’ said the old fellow. ‘But I never was naturalized.” : “I didn't know a soul in town but Gov. Crit- tenden and myself that would be apt to know

him. so 1 enttalt Aieiaamaaactevereie au nil ‘Tom, there’s a lady at my courtroom who wants = to see you,’ “Crittenden came up in a hurry, and after com vincing himself that the old man—he was very nearly 100—was still Itving, he acted as a witnesg — and we made the old man an American citizen, He died happy @ short time afterward at the © Soldiers’ Home.” Gen. Joe Shelby, who was United States Marshal of Judge Philips’ judicial district until his deat® a few years ago, figures in some of the Judge™ best stories. Philips’ regiment fought Shelbys the Judge’s little family a severe fright. while he admits Shelby’s valor in behalf of th Lost Cause, he is not so much impressed the General’s later services in the army of Emperor Maximilian in Mexico. “I was down in Mexico some years milian’s downfall,” the Judge relates, particular pains to go to Cordoba, where and his men were stationed, and the on witness, and pretended not to understand English, | although his acquaintances said he did understand — it. The Judge took the questioning in hand. “Don't you know what I am saying to you?” Another grunt and shake of the head. e “Mr. Marshal,” called the Jules Jontiy: te 4 se Shelby, “take this Indian out behind the C house and shoot him.” oa = ’ ’ me ve in 3 - i, iad eS ales : i a. fe ne = ‘ex, ae UR EE Pid lan ‘ a ie iin patty soe bg. yh ar 83 ; ‘ = RS My 1S, ia Ke a,” a % +, \ " yh ; ae k : ‘ ‘ a (oe ' oe ‘ 4 ee Tae erie) eae * ade co) Ma ae ss Bow. pa @ 2 ei we * 4 ‘ae ol , S 7 ne ie Set \ 4 mee te . a ¥ P if - . A £ “4 4 ¢ alarmed savage, and be went on to nec: m ves ateatee chen thay te Detah

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