OCR Text |
Show , .i ; .. .. . saw that that would not do, but that if the. principle princi-ple which he believed must be the right was right, it., must; have a warrant -of law behind it. ?So he began to study the question from that basis. "The first scientist who "ever sought to test by a thermometer thermom-eter the temperature of the visible rays of the sun,' found they all varied; but; when he pushed the thermometer ther-mometer out into the invisible solar, rays,'-he' found they hid more heat than any of the visible rays. In.like manner Senator' Bailey todk in all' thatwas apparent on the subject, then sought for' the deeper and' more obscure : reasons wnich .must govern, and finally there came to his mind the thought that it was ridiculous for the sovereign power of the people,' peo-ple,' as declare by Congress, to, be' balked in; its' operations by an inferior power which it had itself created. ", ': -.- . -'',:-" . .j We think the Texas Senator has the right of the contention, land that, whenever tested,' the Supreme Su-preme Court will affirm the, soundness of his position. posi-tion. ' . j ' ' ' . ' judgment to stay the orders of the commission pending the final hearing in the Supreme Court. On Tuesday Senator Bailey replied. His contention con-tention was that, the sovereign power rests in Congress;; Con-gress;; that while the .Supreme Codrt may 'decide whether any legislation by Congress conflicts with the mandates of the. Constitution or not, still it has no legislative functions, and that there can be no inferior in-ferior court that can interpose to stop the progress of work ' inaugurated ; by Congress for a specific purpose (to be carried out by a commission created by Congress) on its way up to a final hearing by the court of last resort; that the will of Congress must be the law unless the Supreme Court decides that, ! by the legislation, Congress itself has gone beyond the limitations which the Constitution fixes for it. We are bound to think that Senator Bailey has the best of the argument, for otherwise the creature crea-ture might become greater than the creator. In his last campaign one of Mr. Bryan's.slogans was, "No government by injunction." It shocked conservative people, for they construed it to mean a Fopulistic assault upon the higher courts of the country. We believe Mr. Bryan himself so meant it. We believe Senator Bailey bo construed it, but that in reflecting upon the matter, hia legal mind 1 A CLASH OF GIANTS. In the United States Senate for some days past the gladiators have been in the arena, all in full mail, with burnished shields and weapons as effective as long years of study and tempering could make them. The first argument was by Senator Spooner, followed by Senator Knox, and to road them the layman would say they were unanswerable. The contention was that the Circuit Courts pf the United States had the right to review the work of the Interstate In-terstate .Commerce commission, and in th.eir legal |