New-York tribune., 1906-03-24
SPOONER-TILLMAN TILT.
Formers Speech Finished-FOrti-
fcatiOns Bill Passed.

Washington, March 23.-Mr. Spooner to-day
finished his speech in the Senate on the rail-
road rate BILL and the fortihcations appropri-
alton bill was taken up and passed. The bill
carries an appropriation Of $125 600 for the erec-
ton of a powder mandatory and Mr. Daniel
spoke at length in support Of the provision. He
declared that the nation was entirely at the
mercy Of a powder trust" and urged that the
amendment should be adopted as a safeguard.
AS passed, the bill carries an appropriation Of
$5,27S993.
Mr.. TiIlman also spoke on the rate bill sug-
costing that the Interstate Commerce Commits
sion should have authority to enjoin the rail-
roads from increasing their rates. He said the
suggestion had been made by a "cornfeld law
YER in Oklahoma.
Mr.. Culberson's resolution calling on the War
Department for further information relative to
the Mount Dajo battle was adopted without dis
cussiOn.
Mr.. Spooner in his speech conceded that the
circuit and district courts were statutory courts
whose jurisdiction was limited by the statutes
creating them, but he contended that there was
a vast difference between jurisdiction and iu-
dictal power. When jurisdiction is once given
over a subject matter" he said "the judicial
power Of the Constitution goes with it, and it
is not any longer competent for Congress to in
terfere either with the hearing or the deter
mination Of the case"
He declared that under the fifth amendment
to the Constitution the circuit courts couId not
be deprived Of the right to issue temporary in
functions. Under that provision. he said. the
doors of the court were necessarily open to the
carrier and could not be shut against him.
There's no power on earth that can take
away from the Senator from South Carolina the
right 10 protect his property in court" he as
serted.
Why, Mr.. President. If there isn't $1,000 al
stake I can't even get into the federal courrs D,
responded Mr. Tfllman
'Des the Senator consider that an answer to
what l was about to say2" retOrted Mr. SpOoner
and then went with an argument intended
10 show that the carrier as well as the simmer
was entitled to the laws protection. When Mr.
SpooneT had returned TO d discussion Of the
consututionality Of the measure Mr. TilIman
sought to interrupt, bat the Wisconsin Senator
would not Yield Is not the question raised a
serious one?" he asked.
The Senator won't let me interrupt so 7 can
not answer" said Mr.. Tnlman
No. because the Senator cannot illuminate
what is In my mind. said Mr.. Spooner.
But 1 could illuminate the subject tust the
same" retorted Mr.. Tilman.
Mr.. SpOoner closed with reference to the dan
ger which he believes exists OF invalidatlne the
rate bill by the adoption Of the Bailey amend
ment
Mr.. Clay asked MI spooner if he contended
that the bin would be declared Unconstitutional
if the proposed amendment should be invali-
dated.
Il believe il would affect all that portio, ~
the bill which authorizes the commission to fix
rates" declared Mr.. SpOoner
When Mr.. Spooner took his seat Mr. Tllman
complained Of the fact that he had not been
permitted to ask questions and Mr. Spooner
said that II had been due TO Illness that he had
declined TO consent 10 the Interruptions Mr.
I1llman said he would accept those grounds but
again said that II was departure from the
usual courtesy
''"'hy. the Senator knows that have not made