The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-04-06
Senator Bailey's Speech.

!
Is best5given in his own language: Inc
rover to create and the power 10 &c.
s. st-oy must include tho power TO illh't'
rho scna or from Eonth Carolina hao pech
pressing, this roint ms alG.oni-- field ia"Sef'
h ana ttho constitutional lnwyet has never
~ 5boen .anln 70 answer satisfactorily
,,;s co,,tontion,' Taking this as ICY
ratc Of lnt&hrgttnrnt, FOR four hours una
;,f,ecng minutes, senator Bailey olaborutco
his position, which was that the fieh' o.
thc inferior courts to grant lnlunct'ohs
could be limited and abridged as fnr as
r,onrrcss saw III. scnnto. isailey ihado
no argument against tho right OF me
Supreme Court 10 review III tie 1s''lest
way the findings or tho Interstate Coir-
,ncrce Commission, though lie said III
reference to the supreme fCourt:
..1'his is the first government that ever
conferred upon the judiciary the power 70
& annul legislation. God knows that ought
to be enough power to confer upon any
nine men; wo are ninety; they are nine
/ would not trench upon their power
would hold myself unworthy II I per-
m,tted them to cncroacli upon mine
This statement aroused Senator Hale,
who had not wholly enjoyed the attempt
to array the Senate against the supreme
Court Senator Bailey snid. III .eNplaha-i
ton ho simply meant, as natter OF
Judgment, that he would rather take tho
combined wisdom of ninety than nine
In this sentiment hc was regardless Of
the fact that the Constitution OF the
United States had made the Judgment or
the nine men not only superior to that OF
the ninety in the Senate, but Of the -four
hundred in tho House Of Representa-
lives, and the President to boot. This
declaration OF preference by Senator
Bailey sounds more like the talk OF 4
stump speaker than Of learned senator
But before he concluded his argument
he made 1t absolutely clear that IT was
neither his wish nor his Intention to
abridge In any way the present broad
movers of the United States Supreme
Court to pass upon all questions OF ia"
that might be brought before 1t. The
chief object Of Senator Rallcys hrsu-
mcnt. and he appears to have succeeded
to a very large degree, was to establish
the right Of Congress to limit the power
of the circuit ana district courts In nucs-
lions arising under any act that might
he passed creating in interstate com
1lcrcc commission.
He asserted that in moro than one de-
c!sion the Supreme Court had held that
the inferior courts have no inherent
Junction "a commended BY Mr.. Knox.
He quoted an opinion in which WAS made
The statement that Congress had with
held Jurisdiction: "How IN the name Of
common st.hsc'"can Congress withhold
from court jurisdiction OF a subject ana
not withhold irlicinl power?" he asked
further, to support his contention that the
phrnso Judicial power" and the word
capitalization" nrc used Interchangeable
by Tho courts
"If." he said 'the President is COM
man1cd By n statute to perform n certain
duty, lie docs not consider the authority Is
given directly by the Constitution. The
Constitution IS the source OF All power.
hut 1T Is n dead letter unless Congress
.,reathcs into II the breath Of life. He
declared that even tho courst have no
4 ypWer TO execute their own judgments
without specific authority from Congress,
md quoted tho case Of Fink Us. O'Ncil
In support of tho contention. And vet,
IN the fare OF such decE;on, senator's
m
require tho court to suspend NIL jldg
mcnt until 1t Is ready to rondcr final
decision
AS matter Of cEpcdicncy alone. Sena-
tor Bailey argued Tint It would be moro
ealislnc,oIy to leave the question involved
in rate regulation In the hands Of q
committee, who would study that oues-
Ton exclusively than 10 throw the whole
question into the courts and thereby leave
the decision of problems arising unde,
this net to Judges chosen without refer
1uco 10 any experience IN railroads. cs
peclnlly whcn the Judges were Immersed
IN all sorts OF other LEGAL questions, liz
even avowed that he did not believe thal
the courts were the best tribunals %
settling tEese questions, and apparent,
would prefer to leave me entire decision
to a railroad commission. But he saic
he did not believe tina; Under the Con
a,itution the right Of any l!dgant or per
son 10 lave an adjudication by the Su
irene Court could be denied
"If," he went on, "a railroad can talk
my property upon paying mo what III
cour, says Is right. why emit you permi
mo to take the property OF the raiiroa'
company md hold II until IL Is finally de
cldcG?" THIS, he added, may be regarae
as elementary in the Sanate; 1t will b
so accepted by the plain people. who hay
u right 10 demand that thor voice shal
De given q respectful consideration,
l.nplifying this qucsilon, he said tina
no would not hayn senators violate thei
coasclerces 10 please walking delegates,
lgt would haze Justice done 10 an. hot