The Washington times., 1906-04-10
Defines Power of Federal
Court in Rate Leg
iSlation.
HIS THEORIES DEFENDED
Power of Congress and Pro-
ceedings in Equity Prop
oSitionS Under Fire.

In one of the most eloquent addresses
ever heard in the Senate chamber Sena-
tor Bailey today replied TO the argu-
Inents advanced by Senators Spooner
and Knox in opposition TO his non
suspension of rates" proposition.
Senator Bailey declared in emphatic
terms that these two great lawyers on
: the Republican side had evaded a direct
reply TO the main points brought up
by the Introduction of his Introductory
decree amendment" He said that he
did not believe that either the Wisconsin
or Pennsylvania Senator sighted these
points Intentionally. but the fact re-
mained that they. in their speeches. did
not fully comprehend the scope he was
covering.
He said that he was glad they had in
dicated that in some respects they
agreed with him. and he cOntended that
If they had fully understood his exact
position he believed they would agree
with him in most of the details
The Texan did not go into the merits
4. of the Dolliver-Hepburn bill. but con-
fined his argument TO the legal aspect
and the difference of opinion as ex-
pressed by so many Senators In the
course Of the present debate.
Equity ana Law.
Senator Bailey said: when I first
asserted on the floor of the Senate that
Congress possesses the power to pro-
vent the Federal court from suspend
ing. by preliminary injunction. the or
ders OF the Interstate Commerce Com
mission, both OF those who challenged
my assertion attempted to draw a dis
tinction between the power of Congress
over proceedings in equity and the
power of Congress over proceedings in
law.
They contended that there is some
peculiar sanctity about the equity power
Of an inferior Federal court, which re-
moves ii beyond legislative limit or
control. 1t is an easy task to expose
the fallacy of that contention. 1 could
answer all that was urged in its behalf
by simply repeating the plain language
OF the Constitution.
Every intelligent layman could read
ily be thought to understand that as
the judicial power was extended TO all
cases in law and equity and the same
clause Of the same sentence and in the
very same words of the Constitution il
must be according TO every rule of sound
,constructiOn precisely the same over
one as over the other.
men who think they can answer every
distinction made by their opponents in
debate by weighing against the advo-
Gates habit of drawing distinctions
rather delight in the mental exercise Of
satisfying my own mind and in trying
TO satisfy the minds of those who hear
me that things which are similar are
not necessarily identical. In my 1udg-
ment no mental quality is more valuable
than that which enables US to perceive
and carry out proper distinctions.
Spooner Criticised.
'aThe Senator from Wisconsin, Mr.
Spooner, In the course Of his speech,
repudiates that distinction In most ex-
plicit terms when he says: L agree that
so far as the power Of Congress over
the inferior courts of the United States
is concerned there is probably no dis
tinction between the courts of equity
and the courts of law. do not see that
there Is. II the Congress can destroy
one directly or indirectly, see 90 reason
why il might, not destroy the other
I'm this concession the Senator from
Wisconsin is joined by the Senator from
Pennsylvania. Mr.. Knox. They agree
that 1 am correct, and that 1 am sus-
tanned by an unbroken line of decisions
rendered by the Supreme Court of the
United States. in declaring that all in
3erior Federal courts derive their jur-
isdiction from the laws of Congress and
not from the Constitution OF the United
States
They both agree. however, that there
is a distinction between the jurisdiction
OF the courts and the judicial power OF
the Government Upon that distinction
they predicate their entire argument"
Power of Jurisdiction.
Taking the judicial power and jurisdic-
tiOn as advanced by Senators Knox and
Spooner Mr.. Bailey said that at GER
tain times and under certain circum-
stances it is entirely proper TO speak
Of judicial powers rather than OF Juris-
diction- There. is a difference. how
ever, between the judicial power OF the
Government and the jurisdiction of its
courts, the Senator said.
The definition of judicial power as
quoted by the Senator from Wisconsin
Continued on Third Page)
TIE WEATHER REPORT