Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1906-04-17
The Man From Texas.
Chicago Tribune (Rep9

Senator Bailey of Texas is great con-
stitutional lawyer. He has no superior
in the senate. He established his claim
to the title this week when he signally
discounted in argument Senator'S
Spooner and Knox, who have been re-
garded as oracles of the law. The man
who can put them to rout as Senator
Bailey did has fixed his position as con-
stitutional authority.
The subject under consideration was
the railroad rate bill. The point in
controversy was the suspension by
Circuit courts pending final action of
rates fixed by commission and con-
tested by the carrier affected by them
Elaborate arguments were made by
Senators Spooner and Knox that con-
gress could not deprive the inferior
federal courts of the power to issue in
terlocutory orders when railroads asked
for relief. They read from text books
and they cited decisions. The constitu-
ton says "the judicial power of the
United States shall be vested in one
Supreme court and such inferior
courts as the congress may from time
"to time ordain and establish" The
eminent senators cOntended that when
inferior courts had been established
and given jurisdition over a particula"
subject they enjoyed full judicial power
which congress could not limit. 1t
could not, they commended, deprive the
courts of the right to issue temporary
injunctions which is part of the COM
mon law of equity.
The two senators made plausible
arguments. Senator Bailey, in reply
ing to them, made convincing one.
His contention was that as congress had
the power to create the inferior courts
and destroy them, it necessarily had
the power to limit them. He took up
the opinions Senator Spooner had cited
and showed that he had read the views
of dissenting fges as if they were the
law. He pointId out instances where
the senator from Wisconsin had sup
pressed parts of decisions which con-
tradicted or qualified what the senator
had read. Senator Bailey dealt with
Senator Knox in the same way and
showed how he, too, had misled the
senate as to the law.
Senator Spooner did not enjoy dissec-
ton. 1t was an unusual experience
for him. Usually he is quick to inter-
rupt, to ask questions, and to indicate
blot if his adversary has left one. On
this occasion he was mute and unhappy.
He was unable to find any flaws in the
compact and lucid argument of his
opponent.
If Senator Spooner should be urged
by colleagues opposed to railroad rate
regulation to reply to Senator Bailey he
could, with reason, say what Gallatin
did when pressed to reply to an argu-
ment made by John Marshall when the
two were in the house Representatives
Sir" said Gallatin, ''it is unanswer-
able"
The best argument is the one which
makes converts. Senator Bailey's was
equal to that test When the senator
had concluded, Senator Hale, himself a
lawyer, said that the power of congress
to control all federal courts, except the
Supreme court, had been proved. He
said the senate was about to agree on a
rate bill, and Senator Bailey's remarks
had largely contributed to that near
and beneficent result" A compli
ment of that kind is seldom paid in a
legislative body
The senator from Maine went on to
say that he was for having a rate fixed
by the interstate commerce stand until
set aside by the Supreme court. Sena-
tor Aldrich, the arch champion of the
railroads. could not believe his ears
He is for suspensory orders which shall
be in force during two or three years of
litigation He said, in Mortified tones,
You mean the Circuit court" 81
mean the Supreme court, said Senator
Hale. The senator from Rhode Island
was stricken dumb.
Texas has sent many able men TO
congress, but none better qualified t.
represent the state and render service
to the public then Senator Bailey. He
has spiked the guns of Senators Spooner