The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-23
BAILEY DEMANDS
THAT RAILROADS
GIVE THE PEOPLE
DESERVED RIGHTS

Bailey, oil IeXaS, the acting leaueT VI
the minority of the senate, delivered |
an impassioned appeal today to his |
party colleagues to stand as unit |
against any amendment to the rail |
road rate bill which would permit a
suspension of the rate fixed by the
interstate commerce commission
pending an appeal
BAILEY TAKES ISSUE.
The senator spoke with unusual
earnestness, because of reports that
at a Democratic conference yester-
day the majority of his senatorial col
! leagues had reached the decision that
Mr. Bailey's proposal to prohibit the
| inferior federal courts from granting
an Injunction on the rate upon an In
terlocutory decree, was unconstitu-
tional. He said he was inclined to
| believe that the reports, which he
characterized as baseless, had origi-
mated from source intended to do
him harm He took emphatic issue
with MIR. McCreary of Kentucky, who
in a speech earlier in the day, ex-
pressed himself in favor of the bill
but opposed to any amendment aim
ing to restrict the powers of the
courts, such as the Bailey idea, on the
grounds of it's unconstitutionality.
THE RIGHT OF COURTS.
During the elaboration of his con-
tention by the presentation of deci-
sions, Mr.. Bailey was interrupted by
Mr.. Overman, IN. c., and Mr.. Full
ton, (Ore), who held to the theory
of inherent rights in the courts. The
latter thought it an injustice to de-
prive the railways of the right to have
rate suspended.
Mr.. Bailey pointed to the fact that
people were indicted and imprisoned
pending trial. "All ask" he declar-
ed, "is that when the commission has
fixed a rate the railways shall be pre-
vented from having it set aside be-
fore a judicial trial. viii the senator
from Oregon contend that the right
of the railway shall be superior to
that of the individual?" he inquired.
FAIR TREATMENT ASKED.
NO" replied Mr.. Fulton, but l
twant fair treatment for both"
The senator from Texas also point
ed to the enactmsat by congress of
I legislation withdrawing from courts
the right to punish for constructive
contempt, and extending trial by jury,
as an illustration of the power of con-
gress to limit judicial procedure.
THAT act was passed in response to
the demands of organized labor" he
declared. "Yet we hear questioned
the constitutional right of congress
to limit the right of courts to suspend
a railroad rate by interlocutory de-
cree
BE CANDID WITH THE PEOPLE
Later he exclaimed: What deci-
sion is most likely to be the just and
right one-that of the railway or that
OF the Interstate commerce commits
sion. If we believe in the latter then,
in the name of justice, ! demand we
provide that it shall remain in effect
until set aside after full hearing. Sen
ators had better be candid with the
people. Be brave and honest and give
them what they want or give them
nothing"
He read a letter from a lawyer in
Florida, charging that Judge Pardee
of the federal court there had en-
Joined the state railway commission
and the state officials from bringing
action in the supreme court to COM
pei a railway to reduce rate to the
figure fixed by the commission.
ALDRICH INTERRUPTS.
Because l seek to prevent such
extraordinary and oppressive exercise
of judicial powers" he declared, -
am arraigned before the people as a
senator who is striving to unconstitu
tionally oppress railway corporations.
am not trying to oppress railways;
only to prevent them from depressing
the people"
Mr. Aldrich, Or. I), interrupted to
inquire whether the senator did not
favor a full and free judicial review
of the interstate commerce commits
, sion's action.
Mr.. Bailey replied that he did. "Tll
never see the time" he said, when
public opinion win clamor me into
closing the doors of the courts against
anyone"
NO FAITH IN SOME JUDGES.
He thought the right of everybody
, to a say in court did not embrace the
right of an arbitrary federal judge
to set aside without full trial the
i, decision of properly constituted
body of experts created to pass upon
the question under dispute.
> He said he had not faith in all the
, judges of the federal courts. He
thought some of them would abuse
, their power.
Mr.. Rayner handed Mr. Tillman sew
eral authorities the Texas senator had
, not read. AS the South Carolinian
started to read them Mr.. Bailey in
terrupted to announce that there were
number of authorities that he had
mot read.