The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-24
SPOONER ON The RATE BILL.
CONSTITUTIONALITY
OF BAYLEY'S AMENDMENT.

He Argues That Congress Csnhot Limit
Powers Of Inferior Federal Courts
-Tiuman Objects to Being Spoken or
IN Defigon a o CoFnfeld Lawyer.
WASHINGTON, March Is Ex-senator Spooner
continued his speech in the Senate to-day,
attacking the constitutionality Of the amend
ment proposed by Mr.. Bailey Of Texas to
limit the power Of inferior Federal courts
to suspend o rate fixed by the Interstate
Commerce Commission pending judicial re-
view.
Mr.. Spooner said there was a distinction
between Jurisdiction and judicial power
which the defenders Of Mr.. Bailey's amend
ment had failed apparently to compre-
bend.
Jurisdiction existing" Mr.. Spooner de-
clared, Il do not think 1t is possible for
Congress to pass an act to limitthe judicial
powers necessary to carry out that juris-
diction by appropriate orders or DEGREES.
IF the Congress can take away the right
Of the court to issue a temporary tn1uno-
ton for the preservation Of the property
which is the subject matter Of the oontro-
versy what IL there left Of the judicial
power except what Congress wills, and Of
what use lie the Federal j~udiciary?'
Concluding, MI. Spooner declared that
property should not be taken for public
use without just compensation was directly
in point. This guarantee could not be car
ried out without the courts had the power
to enjoin temporarily the taking of that
property; sThe Constitution says that prop
pensation,' said Mr.. Spooner, but the law
which YOU propose say it shall be 30 taken.'
At the conclusion OF MIR. Spooner's speech
Mr.. Tillman replied, and In the course OF his
remarks suggested that the Federal courts
were under suspicion, which brought MIR.
Foraker to his feet.
Il cannot remain silent, " said Mr.. Foraker,
while the Senator from South Carolina
suggests that he people are losing con-
fidence in the Federal courts. ! believe
they have as much or more confidence In
their courts to-day as they have ever had
Mr.. TilIman replied that he spoke only
for his own section. He referred to the
case Of Judge Pardee.
Later Mr.. Tillman referred to the fact
that Mr.. Speoner had referred to him as
a 1oornfields lawyer.
'You called yourself a 'oornfeld' lawyer
suggested Mr.. Spooner.
aBut you spoke of me with derision as a
'oorn1eld' lawyer, as much as to say, You're
a nincompoop.''
Mr.. Spooner protested that he meant
uOlullR OLcAlDkNO thap no q opp iowa
Mr.. TiIlman's own estimate Of his legal
ability, but added that If he had a grave
constitutional question to present to the
Supreme Court he would prefer not to en-
trust it to a 'oornfed' lawyer. Mr.. Spoon
er's confusion Of acornfield" with 'oornfed'
raised a great laugh in the Senate, and Mr..
Tillman promptly corrected him.
Mr.. Tillman retorted that a oornfleld
lawyer would be right on the principles,
but he would be shut out OF the Supreme
Court on the practice.
Mr.. Daniel of Virginia spoke in favor Of
the amendment to the Fortificat ion bill
appropriating $125 900 for building a Gov
eminent powder factory. He vigorously
attacked the International Powder Com
pany, declaring it was a trust and charged
the Government exorbitant prices. The
Fortifcations bill was passed, including
the Senate amendment for the powder fac
tory.
The date for the. delivery Of eulogies on
the late Senator Plat OF Connecticut was
changed from April Z to April IA. The
Senate adjourned until Monday.