The Montgomery advertiser., 1906-04-11
THE RIGHTS
 OF CONGRESS Can Restrict Power of
 the Courts. BAILEY SPEAKS IN THE SENATE For Four Hours He is Given the
 Closest Attention. Suggestion By MT. Hale Is Significant or Possibility Of An Understand- \, inS and an Early Vote On
 Railroad Bill.
BAILEY SPEAKS IN THE SENATE

Washington. April 1o.-For more than four hours today Mir. Bailey held the undivided attention of the Senate with speech in reply to Mir. Spooner and MrA Knox, and just before it's con- clusion there was significant sugges- tion from MT. Hale indicating the pos sibility of an understanding and an early vote on railway rate bill.
 The day was one of the most notable in the recent history of the Senate. Very few senators were absent and every seat in the galleries was held with marked tenacity. Many members of the House crowded into the Sem ate chamber, some of them standing for hours. Several senators and many spectators went without luncheon rather than miss any part of Mir. Bai- 1ey's speech and at its conclusion the speaker was congratulated by many, There was comparatively few inter- ruptions and there was no effort at applause until the close of the discus sion when there was a spontaneous burst of hand clapping in the galleries which the Vice President was unable for time to check
 The close attention given through out the four hours was all the more marked in view of the legal character of the argument. MT. Bailey set out to establish the soundness of his con- tention that Congress has power to deny to the inferior United States courts the right to suspend the order of the interstate commerce commission pending the final decision of cases arising under the proposed law. This he undertook to do by citing innumer- able decisions of the courts and quot- ing many other authorities. The cita- tions were interspersed with his com ment.
 Mr. Hale announced his willingness to accept the anti-suspension amend rnent and expressed confidence that if Mir Bailey would on the other hand agree to a broad court review there would be comparatively little diff culty in reaching an agreement on the bili In response Mir. Bailey said he did not believe that review by the courts could be I,nied under the<eon- stitution. .-
 Galleries are Crowded.
 In anticipation of MT. Bailey's prom ised speech on the rate bill, the Sen ate galleries were filled today as soon as they were opened and in addition a large number of disappointed men and women remained in the corridors in the hope that later they might find an opportunity to secure a seat inside. There also was a large attendance of senators and 1t was evident from the beginning of the session that the Tex as senator would be accorded f1atter ing attention both from his colleagues and the public.
 All the seats in the Presidents gall lery were occupied by friends Of the executive family.
 MT Bailey was early in his seat and while awaiting the disposal of the rou- tine business occupied himself in con- ference with his colleagues. That he was to deal with the question from d legal point of view was made evident by the large number of law books which occupied his and adjoining desks. The morning business occupied twenty-five minutes time and when it was disposed of MT. Bailey took the floor. He immediately entered on the discussion of his proposition looking to the withdrawal of the power of the inferior courts to suspend the orders of the Interstate Commerce Commits sion, referring to the contention that there would be a distinction between the power of Congress in cases in equity and law.
 'If," he said, Congress can destroy proceedings in equity, it can destroy proceedings at law" ThisS he said. had been conceded by his opponents, as had also been the point that the in- ferior courts derived their power from the acts of Congress, and not from the Constitution direct. These concessions left as the only point of distinction between the judicial power Of the United States and the Jurisdiction Of the Federal courts, for which MT. Knox and MT. Spooner contend.
 As for himself, he considered this very fine point, so fine, indeed, that Ae felt 1t would go far to justify MT. ,rillman's characterization of the re- finements of the law. He did not con- sider the point material but said that if material in any connection 1t did not apply in the pending legislation. He then entered upon a definition of the two terms and after quoting many euthcrities declared that they show SAat there is practically no differences in meaning between them. Tt is diffi- cult" he said, ito believe that intel lects like those of the Senators from wisconsin and Pennsylvania can con- tend for such an absurdity as they do contend for in holding that when Con- gross confers any power on a court it confers all power on them."
 Calculated to Deceive.
 Referring to quotations made by MT. Spooner in his argument to show that the power of temporary injunc- tion could not be taken from the Cir cult Courts, MT. Bailey declared that as given they are calculated to deceive. Tn to this point there had been no in- terruption of the speaker. MT. Spoon- ar had occupied himself in talGng CO., nious notes as if intending to post bone any reply until the conclusion of MT. BaiIey's remarks. At this juno +ure he rose, however, with smile of qualification on h!s race.
 "Oh." said Mir. Bailey" it is well. It is well that the Senator shouud smile now. for he will find before l am through that he cannot smile" MT. Spooner simply remarked in the case quoted a revenue case. there was an adeouate remedy at law" and MT. Bailey responded: So we will do in this act"
 An interruption by MT. Knox fol- lowed He challenged the correctness of an inference drawn by the Texas Senator from d construction by the Supreme Court of an act creating the Doves commission to the five civilized tribes of Indians. MT. Bailey said that in that act Congress had inserted provision depriving the courts of the right of suspending the commissions order Mir. Knox said the inhibition had been put on the territorial courts, ha fudirial