Show 1 BAILEY SPEAKS ON THE 4 RAILROAD RATE TE DILL BIll Gex s Senators Views of the Basis Upon Which the Whole Question Will WillBe WillBe WillBe Be Decided t ll 10 For more than four thur hOW hours Mr Bailey held the attention n of ot the senate with witha a speech in reply to Mr lr Spooner and Mr Knox and just before its conclusion conclusion sion slon there was a a significant suggestion from om Mr Hale indicating the possibility possibility I of or an understanding and an 41 early vote voto on the railroad rate bill The day was one of the most notable I in the recent history of the senate Very Tey few senators were absent at any anytime anytime i time during the day and every seat In Inthe Inthe Inthe the galleries public private senatorial executive and diplomatic was held by byj byh h j Its occupant with marked tenacity of Applause Many members of the tho house of representatives representatives representatives also crowded Into the sen senate senate senate ate chamber some dome of them standing lined up against the walls for hours without a perceptible change in their positions Several senators and many V more spectators went without luncheon rather than th n miss any part of Mr Ir Bai Baileys Baileys leys speech and at Its conclusion the speaker was congratulated by many of his colleagues of both hoth parties There T ere were comparatively few interruptions during durin the day and there was waa no effort ef effort fort at applause until the close of the discussion when there was a spon spontaneous spontaneous spontaneous burst of in the galleries which the was unable for a time to check Cited Innumerable Authorities The Tho close attention given throughout the four tour hours was all the more marked I in view of the legal character of the argument Mr Bailey set out with wilh one end in view this being the soundness of his contention that congress has power to deny to the Inferior InterIor United States courts the right to suspend the order of the interstate commerce com corn commission commission mission pending the final division of ot J cases arising under the proposed law 4 This he undertook to do by citing in innumerable numerable derisions of the court and quoting many other authorities These citations were interspersed with his comment Mr Hale announced his willingness to accept the son Bon s on amendment and expressed that if Mr Bailey Balley would on tho the theother other hand agree to a broad court re reI 1 I viEW I there would Id be comparatively lit litt t difficulty in reaching an agreement L lii the bill In Il response Mr tIr Bailey said r F hat ahat he did not believe belleve that review by bythe bythe bythe the courts be denied under the constitution LAW AND COMMON SENSE v Unanswerable Argument of the Bril Brilliant Brilliant Brilliant Democratic Leader Washington April 10 In anticipation of Mr Baileys promised premIsed speech on the rate bill the senate galleries were filled today toda There also aillo was a large attendance of sen sea senators j All the seats seals In iii the presidents gallery were occupied by friends of the executive family After disposal of the morning business Mr Bailey Ban promptly took the floor He discussed the proposition looking to the withdrawal of the tho power of the Inferior courts to suspend the orders of the In Interstate commerce commission slon referring A to 10 the tho contention that there would be a ad d distinction between the power of congress over cases In equity and in law Jaw Power of Congress If 11 he Slid said congress can destroy proceedings In equity It can destroy destro pro proceedings at law Jaw This Tills he lie said had been conceded OOn G ed by y kin his opponents as had also been neen the point that Inferior courts their power powel r acts of congress and 1 TInt not frOm Cr m th constitution 11 direct These s the only point the dis distinction unction 1 between b the top judicial power of the thet t States and the th jurisdiction of the federal I deral era 1 courts for lor which Mr Ir Knox and Mr Ir Spooner Spooler contend He did not con Kid r the pol material but said that If material In any an connection it did not ap apply apply apply ply In the legislation He then 4 entered 1 upon a definition of the two terms and after quoting many authorities de declared deClared show that there is practically no difference between them Pointed Reference to Spooner ReferrIng to quotations made by b Mr In his argument to show that the power of or temporary injunction could not riot be taken tak n from the circuit courts Mr 4 BILliOt declared that as given they the are calculated to deceive Mr Spooner Interrupted to remark that In the ease case quoted a revenue case there was wan an Mn adequate remedy at law lawand lawand and Mr Ir Bailey responded so 50 wo we will do doin doIn doIn in this act at actS S Mr Bailey then undertook to show that congress con has bas exercised the tho power to abridge the right of the courts to punish a for contempt or to issue i sue writs of man mandamus mandamus damus damns asserting that the courts have no inherent power Dower and that it Is IR the duty of ot the f courts not to make the law Jaw for congress but to obey the law that makes for them If he added congress has the right to restrict th the thA power Ower to punish for con contempt contempt contempt tempt in Gods name has It Jt not tho the right to limit the power of Injunction which has Ims k been so greatly abused by HO so many fed federal feder eral eil er l judges Constitutional Limitations Mr MiS Bailey Baney entered Into an elaborate argument ar to show that the courts cannot annul annU legislation laUon because of Inferential constitutional limitations He spoke of the division of authority among the vari various van vanous ous nus branches of the government but said that he could not follow fonow th of recent years ears which seem to proceed on the theory that re should be bp no re restrictions upon the Judiciary Tills This he said is tho the first government that ever eyer conferred upon the judiciary the power to annul legislation tion God Cod knows that ought to be enough power to confer upon any an annine nine men we are ninety they the are nine niney I y would not trench upon their powers r I would voul hold myself unworthy if I permit permitted ted them to t encroach noon UDOn mine to quotations from the text books on he said that the senator forgets that they the were discussing the law as it Is and that It Is Isas Isas isas as it Is iFe because e congress con wills wms It so the point belm that the legislative branch of the government Is supreme In th law lawmaking making and courts function Happily the senator from rom Pennsylva Pennsylvania Penns tha nia reduces the whole question to our point when whan han he le says sa s congress con cap say l when but not how ho the judicial power pow r shall shan speak Mr Bailey continued c and then said he was willing to accept that view e Knox and Spooner Mistaken M ken He declared that both Mr Knox and Mr Spooner had misconceived d the theory under which congress establishes the In Inferior Inferior courts saying s that If It so disposed congress could today toda disestablish every everyone eer everyone one of the Int courts He Ho did not agree with Mr Spooner that such a course cours would be anarchy because the state courts would be left Congress might he argued declare war Avar against every nation of the globe and while there was no doubt that the people would scourge the congress that would do 10 so still there was no doubt of the congressional power So it waS wag with the right of congress regarding the courts The Tha power to create and ana the power to destroy must include the power to limit In support of ot the plea that the legisla legislative live tive authority Is not curtailed he ho tailed called attention Jo o the tle t e fact that with reference to the Inferior courts no limitation is put upon congress as to their number their jurisdiction or their powers Mr Hales Males Suggestion Mr Hale lisle Interrupted with the tion that congress must have the same power In the abolition of Inferior courts that it has In creating them My ly mind runs with the senators on that point he said I 1 believe that the power to cre create create create ate and to destroy rests wholly with congress He had not however en joyed what the senator had said regarding the arraying the ninety men here against the nine men of the supreme court He wishes therefore to ask Mr Bailey BaUe whether whether whether I ther he wished by anything he had said to I commit himself against the broadest final review of the supreme court Mr Bailey said he had been misunderstood misunderstood misunderstood stood adding that he had only Intended to say sa that In a matter of judgment nine ty men were to be consulted rather than nine He asserted that In more than one de decision decisIon the supreme court had bad held that thattie tie the Inferior courts have JE no Inherent functions as contended by Mr Knox He quoted an opinion in which was made the statement that congress had withheld jurisdiction How Ho in the name of com corn common common cornmon mon sense can an congress withhold from a acourt acourt acourt court jurisdiction of a subJect and not withhold judicial power he asked to further support his contention that the phrase Judicial power and the word jurisdiction are used Interchangeably by the courts Congress Is Supreme coHo If he be said the president is corn com commanded by b a statute to a certain certain tain tam duty he does not consider the au Is given directly tI by the con The constitution Is the source of all power but It is a dead letter un less congress conFess breathes Into it the breath of life Ufe He declared that even the courts have havO no power to execute their ir irown own judgment without specific authority from congress and quoted the case of Fink versus ONeill In support of the contention And yet In the face of such a decision senators contend that congress is incompetent to require the court to suspend all judgment until it jt Is ready read to render a final one he con concluded concluded eluded The rhe court had not then been advised ad of the new doctrine that when a court has jurisdiction over a question its power cannot be limited he added He Re de do declared declared dared that in this case the court had gone farther than he lie had done because the power of a court to issue an execution execution execution tion in its own judgment Is the most es essential of all powers This lack Jack would render a court impotent Indeed Sustained by Decisions When hen he said I am sustained upon the authority of statutes as old as the republic and on the authority of an unbroken line Une of decisions by hy Marshall the greatest of the chief justices and anda a long Iong line of associates 1 I may well be content with my philosophy though I should be the only senator to accept it Mr Bailey Daile disavowed that he had any an intention of or attacking the courts but buthe buthe buthe he said that he had himself known some courts that were guilty of abuses so it was necessary to place limitations on all of them He contended that could be found as competent as the judges judes of the courts And he added if we cannot get commissioners equal to some of the federal judges I know God save sae the republic Rights of the Railroads Coming Corning then to the consideration consi of Mr Haies question relative to the final dec of railroad cases bv by b the su supreme supreme supreme preme court of the United States tates Mr Ir Bailey said he did not believe that the courts were the tho best hest tribunal for the settlement of these questions but that under the constitution he did not believe that the right to such adjudication could he 10 denied the carrier If he went wenton on Ua a railroad can take toko my m property upon paying me what the court says sas is right why cant you ou permit me to take the property of the railroad company compan and hold it until it Is finally decided He would not have senators violate their consciences con to please walking delegates del gates but would have justice done to all both to the railroads and their patrons This he ne argued could be accomplished by the Adoption of the th amendments to the rail rall railroad railroad road rond rate bill bUl offered by himself re requiring requirIng quiring that Just compensation be the standard of railroad charges In accord accordance accordance accordance ance with the language of the constitution tion He only demanded that tha t the findings ot of the commission should stand until a final decision should 1 be reached He be believed believed believed the tho adoption of the amendment would have havo the effect of forcing the railroads to assist in getting an early trial Compliments of Mr Hale Mr Hale again interrupted and he ex cx expressed expressed pressed the opinion that Mr Baileys Bane s argument would have good results Af if After After ter saying that preference should be given all cases arising under the pro proposed proposed proposed posed legislation he continued What the th senator has lIas said heretofore and later with reference to the final ad adjudication adjudication of all questions by the courts has tended t nd d more than anything else to disentangle this subject and to secure I will not say Immediately but a more beneficent result than anything that has taken place He agreed with Mr Baileys Balleys argument that inferior courts could be controlled by congress saying sa that on this point this argument could not be countervailed but that was a minor question The final question he ho said has been stated by the senator from front Texas better than I can state It That after the commis commission commission sion slon has passed upon a question and nd It has been taken without undue dela deIa and the right of Injunction limited by con Continued from Page 1 1 BAILEY SPEAKS ON THE RAILROAD RATE BILL Continued on Page 2 gress gross to the courts that t uit the supreme court shall consider all questions questions and the senator is right In saying saing Mr Aldrich The circuit court Maine Senator Hopeful Mr lr Hale No finally the supreme court that it if It gets as far as that But the senator is right in saying whether er it shall be just compensation or just and reasonable or any an other term Is not of importance that the court will set settle settle settie tle tie it all and will m finally decide I look lookout lookout lookout out of this controversy hopefully to this general result The commission will be strengthened L t think thiRk it ought to be I think It is essential that we have as asgood asgood asgood good men upon that commission as there are on the thc circuit benches I will vote that its decisions shall not be interfered with by injunctions until it reaches the final court and then I believe that the senate will agree to the proposition that review shall be by the supreme court of the tho broadest and most ample kind and that th t the senator has hns largely contributed to this beneficent result is to me very plain Bailey Expresses Pleasure Mr Bailey expressed gratification over I this endorsement and expressed his re regret regret gret that he had not been able to agree asree a ce with Knox and Spooner They The have he said taken a position never before taken in the senate or advocated by b the courts in their effort to draw a distinction between jurisdiction and ju judicial judicial power They could get a patent on it for its novelty but it would be de denied denied denied nied for its lack of value he said and smile at the was rewarded rew by a general expense of his opponents Expressing his gratification at the sen semi sentiment sentiment in support of his amendment he 1 the that Spooner Knox would see the as does Then he said we might mi ht have havea a new national emblem in the big stick and pitchfork |