Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-26

bill. Mr.. Spooner was among the first to
make his appearance in the Senate cham
Der. but he not able to begin his
speech until more or less other business
had been transacted.
The first business of Importance was the
passage of the bill introduced yesterday
by Mr. Flint, appropriating $500. 900 for the
employment of extra labor at the Mare
Island navy yard near San Francisco. Mr.
Perkins reported this bill from the COM
mittee on naval affairs without amendment
and II passed without debate.
A bill increasing the privileges OF spo-
kane, Wash. as a SUPPORT of entry was
also passed
Spooner Replies to Bailey.
Mr. Spooner began speaking at 1890
O'Clock. announcing his purpose OF devot-
ing himself largely to Mr.. Balley's amend
ment prohibiting inferior courts from re-
strainlng the orders of the Interstate COM
merce commission i.,.i
The question Is a very grave one, he
said. IF adopted il would almost destroy
the rate-fxing provision vi this BILL" He
went on to say that the proposition was
the most important question that had been
presented to the Senate In recent years
Tar greater than even the rate-hxing ques-
ton itself. He quoted Mr.. Baiiey's declar-
alton that the power to create involves
the power TO destroy" and said that when
applied to the courts this axiom was full
of danger. He denied that except In Inn
fted degree Congress had power to destroy
the courts. He conceded that Jurisdiction
may be conferred and withdrawn, but con-
tended that such power may not be ex-
tended to the judicial power of court in
given case.
He then entered upon an effort to draw
the line of distinction between jurisdiction
and judicial power. and said that MIR.
Balley's necessities must have been respon-
Etble for his sneers at this distinction The
difference, he declared had been under
stood by the trainers of the Constitution
and by the text writers since Blackstone
and had been outlined by many court de-
cisions.
ITO me It is plainly written In the Con-
stitution and no sophistry can confuse 1t, "
he said.
Judicial power Is an indivisibie thing.
while Jurisdiction may be distributed" he
went on, contending that In the Constitu-
tion the word jurisdiction had been used
% to make II apply to the beginning
OF suits, while the words judicial power
had been used as applicable to the power
of the court over a case once instituted.
He therefore contended that judicial power
lodges in the United States courts In cases
IN which those courts have jurisdiction.
'It is he said. coming to definite defini-
tion tine power 10 hear. determine and
carry into effect the judgment or the
court"
Mr. Bailey had made the mistake OF piac-
sng the regular federal courts on the same
level with the territorial courts which are
not constitutai courts. jurisdiction Is
orc thing: the mode of exercising II quite
aiother" he concluded after citing many
decsi, ms and treaties legal questions.
Criticism of the Courts.
Mr.. Spooner had proceeded for almost
an hour without being interrupted, and
when 40 Interruption came II was from
Mr. Bailey The Wisconsin senator had
referred 10 a case in which the Attorney
General had criticised judicial decision
and had been replied to by the court.
Mr.. Bailey suggested that Interesting
as this episode had been II was not as in
teresting as a more recent episode" re-
ferring TO the Presidents criticism of
Judge Humphrey in the beef packing
cases. Has Judge Humphrey gone back
on the bench TO respond to the criticism
OF HIMSELF" asked the Texas senator.
Has the senator Jurisdiction to ask
replying, said that he had not but that he
had judicial power to do So"
Replying then TO the question, Mr..
BpoOuer said: Il stand with all my heart
and soul for the distribution of powers
between the three independent eo-ordi-
nate branches of the government, and re-
gard il as fundamental that none of these
should be invaded by the others. 1t viii
be a sorry day for the United States when
the courts become terrorized by either
Congress or the executive. The place to
is the great tribunal created for that pur-