Show SPOONER AND KNOX FLAYED BY BAILEY Texas Tex s Senator Delivers Delvers Long Speech on Court Review of Rate Bill Bi INDORSED BY MR HALE Maine Solon e Colleagues lc 1 Hy Ily nII Minority Lender Light ht Washington April i lit lit-il I 10 10 Senator atoL nale Halley of oC Texas the minority lender leader Jender ol of oC tho tile senate In II an au earnest sp speech afternoon arraigned nt at great cat length Mr 1 lr Spooner of oC Wisconsin I on ln an and Mr 1 Knox J nox of or Pennsylvania who had hn sonic some hays days a ago o In prepared speeches denounced denounced de de- he- he as unconstitutional Lh Iho Texans Texan's contention that congress had hud the power powel to prohibit the inferior federal courts from rm suspending the Interstate commerce commissions commission's lons lon's rate pending final and full ful re l review w by bv th the supreme ne court o of the United S States tes With lh a score of or authorities and before before be be- beCore be- be fore Core an audience audience that was only b by the capacity of or the senate und and galleries and corridors adjoining the loter latter the Texas lexas senator for almost almost al- al most five hours horns pounded home hl his bli r Argument concluding at one time with the he remark This may not be accepted as good aw nw In the senate but It Is by b the people cople At another If It 1 an anyone one In Inho ho tue senate enate believes the mont nent of or the two senators senator I want to yarn warn them Ilten that no one outside of or the chamber does docs foes The Tho event nt e wa was marked by several sc ral sensational st incidents Incident Hal ley Indorsed I by imy Halo Halo- lallI Mr I Hale Rep Hp Me le who has hos been credited with wih being opposed ed to nn any I 1 bill bi that cJ lid did not hot permit the tho fullest Judicial powers powerS by b the Inferior Indorsed Mr courts court unconditionally 11 Baileys Bailey's attitude altitude Whet When the Texan concluded the galleries gal gal- al- al cries broke Into applause which continued con con- for m several minutes Among Amon the he senators who congratulated t he the were 11 Mr and Mr 11 from the Republican side of ot ho chamber The Interruption by b Mr MI lIttle Halo js os s a n surprise to hl his colleagues s It I had understood that tho the New ew England had been standing or full Judicial powers for 0 or tho the clr- clr Cut cull tilt court with the consequent tight right I or if I. I suspending a rale rate His q declaration Inn timE thai thol hi he was a i full tul of ot tho to B IC d tr-l tr 7 tl 3 l iV n.-i n. oJ r tj he Pe of precedence be J given JIon In 11 It wont won't others Cd cases CK as In us some nome I l Lo a n great reat degree remove the tho bj objection abjection nf ru delay Mr said uld ho thought It Il would Dulo Ind end ho aimed to give vo J tho the railroads th the f name rame me rights as os the tho shippers Railroads Jet Get Speedy 1 Justice In other r words said Mr Bune the fact otur that the railroads can pot get ct an early decision reduces the injustice earl b be bc wrought against thi-m thi If which may U m I railroad commis commis- commission the decision of o the sion I Is wrong and the tho fact tact that the railroad commission will wi get an carl early against hardship a decision tc reduces uces the the thc people if ir In tho the end tile the tle court shall hal decide o that the tho commission was right right little Hale s Sees Although h the senator from rol Maine had hail In effect Indorsed pd everything that Mr n it Bule Halley Halloy had ald said It H was wo thought t that ho would 50 go Jo no further But Hut he hc made his position an on au unqualified one Ole IHde deliberation h he hebald Speaking with great rent wih said bald If U th tilt tho s senator mator wll wil wl allow alow mo mJ I want to say that this Ibis day has hus bc been n tn tho Ito spent and that most profitably borough discussion b by the tho senator tOl feature from Texas of or the particular which ho has ha bo so much at heart and amid said tILl later with Ith reference what he ho hUH has to the final Unal adjudication o of mill all quos quos- by tho ho courts have vC hl tended l. l more moro and to secure se secure se- se lo to disentangle this subject am l cure 1 I will wf not tny say t-ay an Immediate but buta result than anything any unY- n. n near beneficent osul thing the has aken alten I en place The Tho de- de both able and Il- Il Il tate late has hat all aH been 1 and I speak with I think timid think hesitation because I 1 know that great sonic some at lu lawyers in In IJ the tho senate not agree agree the senators senator's argument aa as to tho ho power of or th thu Inferior Courts and amid their liability to be bo ed and controlled by congress congrO cannot bo ho 1 countervailed That Thal great eat lawyers lawers here wll ivil take alto tho the other view I have no doubt wl I 1 believe that lint that thul Is the law Supreme Court COlt to Consider Al suit All The Tho ho final question queston has haf been beon stated than senator front Texas fens better by tho ho beter I 1 can 6 state ate te It that It-that thal I-thal that after aCer the commission commis It a n question and sloe sion has hM upon passed undue delay and If ix taken talen without with tho ho right of or Injunction limited wih b bV congress to th the courts court that the ome I court shall consider con all al the questions u ns Mr r Aldrich The circuit court Mr Hale No finally tho the supreme court that is Is if Ir It I gets gots so 10 far Car as that and anti tho lie senator is right In saying whether it I shall be Just compensation COpen ton or Just jUHt an and reasonable or any other tr term 1 Is not of or Importance that the tho th court COUlt decide will wi settle sette It all aU and an wilt will wi finally I I 1 think out of or this we will wl get a strengthened commission I will wi vote voto that Its decisions shall not be he Interfered Inter Inter- It with by injunctions shot until It reaches roaches tho the final court and then lien I 1 beHove behove be be- Hove that tho the senate will wi agree to the proposition that that review rc shall be beby beby beby by the Iho HUlero court of ot tho the broadest and most ample kind and that the senator has hu largely contributed to this result resul Is to mo me very plain Others hate lute to COlf S Mr Bailey Dailey In expressing his itis grail grail- gratification rat rat- over ovel the Indorsement of oC the senator from rom Maine said sid that he thought tho the senators from Crom Wisconsin rl and Pennsylvania Ia had coin committed em I I I ed themselves C to a wrong proposition H Ion without due con consideration and ud them thon hart had lad hated to lo confess conCoS error He lie te characterized it I as a Intellectual firm firm- 1105 no He lIe declared that lint it I was nothing noth ing unusual for Cor advocates to advocate what they thoy did not really real He Ho thought that as IS a finish If I ho he could secure cur the tho concurrence of or tho the two senators whom he lie hind had been criticising lug ing In tho would havo have been boon at al hand band and und the Iho carrier unit amid the tho ship ship- t r I t S 4 per could lie Ife He down own together and a anew a anew new national emblem could be formed formed form ed of or pitchfork and the thc big stick Laughter v He le thought that I If It corpora corporations cor cor- pora ons could co ld be removed remo from politics pol pot there would be no more talk o ol ot railroad senators and rol railway way j Cites Cl's Hill Hi Hill Bi I It was was a a dramatic moment when Mrs Mr h. h Haley cited the thc unanimous passage passage pas pas- pasI I sage b by time the senate of ot the tho Hilt Hill Hi bill bi depriving the tho courts of oC the thc power to tc punish Indirect c contempt and leaving I the thc case to time the Judgment of or a a. Jur Jury This followed the Debs case In Chi CIti- Chicago cage cago the during the railroad strike Mr rr fr n Bailey le ch f ono n of nr Mr Mn Ir Spooners Spooner's citations as one of or thc the most dangerous preachments preachment delivered deliver er ed In tho the s senate nate for well wel nl nigh h a cent conI cen con t I tury U l' l i He lie le declared that the courts had become become be hc- come so o arbitrary and amid exercise such Much extraordinary powers that attorneys were coming comins upon the scene with the claim that It ft was treason and anarchy to attempt a l restraint He contended contend contend- ed cd that tha If Ir con congress was to Invest the courts wih with the power to declare laws as the judg Judges thou thought ht them Instead of or orla la laws ws as made b by congress congre then theother the theother other departments of or tho the government would be In absolute subjection to the Judicial Ho lie said uld congress could not tell courts coutts how courts how to decide a case but It could pro l provide e how they should do so so which Included Its right t to prohibit injunctive relief Mr Bailey said he ho could not nol Join with the from Crom Wisconsin In declaring that the th abolition of oC Inferior courts would ld be lie Q anarchy because there thoro wele vete still sUI tho the ts state COUtS courts but that congress congre hind had hai power to abolish those hoc tho c Inferior r courts he had no doubt in the lie Cu Case Ho lEe H referred d to the case c of or I 1867 h he said Hald had hod been heen taken from room the thc supreme court on the eve e ofa of or a L decision by an un act o of congress de- de ng that that court COUll of oC Jurisdiction In lm such cas cases case's sI s- s If I the hp senator from Wisconsin wants rants an al example of pC anarchy ho will wi find lod it It In tho to case he lie decia de- de cia red Ho He pointed out case that congress md had exercised ls d the thc power to abridge he thc right of or tho the courts to punish for contempt or 01 to Issue writs of oC mandamus man- man damus lamus amus Ho asserted that the thc courts lave have no Inh Inherent rent power ROwer and amid that It Hit Its HitIs Is s the duty of tle tIe the federal courts Coults not p 1111 c 10 laws WI for rot congress but bu t to obey Ja law Jaw makes make for tor ho 10 that congress I. I i hem V If t f co n I- I hr h I.- I. s Ihn L u lJ tn to V IT- IT ii J i Fr l fiti In tn bd hai c lt right to the tho power poser t. t of nt Injunction which imax has been BO so o greatly abused by bo tie fO many fe federal feral Judges ho ox- ox chummed |