The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-04-11
Senator Bailey Defines Jurisdlc-
ton of Inferior Tribunals in
Rate Debate.
SPEECH IS STRONG PLEA
FOR AMENDMENT TO BILL,
Argument Bristles with Legal
Opinions Supporting Conten-
+. ton Of Brilliant Speaker.
ISS11
By w. w. Jermane.

BY W. wv SoFu'ah0s
Washington, April ll;-Senator
.spooner met his match In the senate
voted several hours to replying to the
.Spoener attack Oh the amendmenC pro
posed by Bailey to the rate bill. NO |
member Of either house Of congress mas
been given such attention during the |
progress Of formal speech for years as
was gysn Mr. +b BHiley Seats ih surieg the
whole Of the address, The galleries
were crowded to the doors; every seat
in the executive gallery was taken, and
all but two or three in the diplomatic
gallery. At the conclusion OF his al
dress Mr.. Bailey was congratulated py
the chamber, a few republicans joining
An the ovation, and for once, the vice
president did not feel justified in en-
forcing the rule prohibiting applause,
Senator Knox was among these rePub-
icans who came forward to congratu-
late the Texas senator. Senator spoon
over. buried himself behind big news
paper and remained there until business
had been resumed. Senator Beverldge,
who had personal alteration with
Senator Bailey on the senate floor sew
eral ago. an altercasaon y Mhi e
permitted his fiery temper to get the
better Of his Judgment, was not on the
senate floor during the address. He
was one Of the few absentees: For
everything which makes a speech great
form, elequenc!e, logic, elearne s5 co
nectatfons. If anything were wanting
: before to satisfy the country of Bal.
Lewis right to rank as one of the great
forces Of the senate. this address has
; supplied IT,. .... .@l.-..-s5
; Cities Many Court Decisions.
Il was purely legal argument and
his statements were one after another
/ backed up by decisions of the supreme
court. Of the lower courts and Of the
: great legal authors. The speech was
! admittedly a reply to the Spooner and
! Knox speeches of a short time ago,
which were made chiefly for the purpose
Of trying to show that the Texas gen
tleman did not know what he was talk.
ing about when he proposed to amend
the rate bill by providing that the In
ferior federal courts should not issue
preliminary injunctions against decl
sions Of the Interstate commerce com
mission.
Toward the close Of the address, Sen
ator Hale Of Maine arose to ask {
question. and it is believed that hi
spoke the views of a large majority
of the senate when he said, in leading
up to the, question, that he had NJ
doubt in his own mind that Senate
=, Bailey was entirely correct in his cor
tentions and that congress might, a
will, limit the power of the inferio
courts, these courts being created, To
by the constitution, but. by congress
sional enactment. This referred to tina
portion Of Mr.. Bailey's speech when h
said.
80 Men as Against 9.
]. 'sThis is the first government tia
ever conferred upon the JUDICIARY tn
that that ought to be enough power: t
confer upon any nine men; we are nine
tv. thew are nine. I would not trenc
upon their power; I would hold myse]
unworthy if permitted them to Ell
croach upon mine.
He declared that both Mr.. Knox an
l. Mr.. Spooner had misconceived the tn
| ory under which congress establishe
/ The inferior courts, saying that il $
| - disposed congress could today dlsestal
fish every one of the inferior court
He did not agree with Mr.. Spooner thu
such a course would be anarehy, o
cause the state courts would be LET
Congress might, he argued, declare WI
against every nation Of the globe, an
r. while there was no doubt that the pc
pie would scourge the congress th'
would do so, still there was no .doul
Il Of the congressional power. 20 IL W
1 with the right of congress regardi1
the courts.
1 Power Of Congress.
L stThe power to create and the pow
1 to destroy must include the power
r. limit. The senator from South Car
lima has been pressing this point, as
/ cornfeld lawyer he said, "and tt
/ constitutional lawyers have never y
| been able satisfactorily to answer h
/ contention
In support Of the plea that the leg
lative authority is not curtailed,
called attention to the fact that wi
reference to the inferior courts, no lii
+ itation is put upon congress as to the
number, their jurisdiction or the
power.
MI. Hale suggested that congrt
must have the same power in the abe
ton of inferior courts that it has
creating them. He said:
CT believe that the power to cres
and destroy rests wholly with ct
gress.'
He had not, however, enjoyed WI
the senator has said regarding the
raying of the ninety men here agail
| the nine men of the supreme court