The Montgomery advertiser., 1906-04-28
TO INSIST ON VOTE
PULLMAN SERVES NOTICE UPON
 THE SENATE.
spooner Considers His Speech In Answer To the Argument of Bai- Iey.--Private Pension Hills On
 Calendar Passed.

Washington, April 27.--In conclud- ing today his two days speech on the railroad rate bill. MT spooner spoke for two hours in the Senate today. again devoting his attention largely to- Mir. Bailey's non-suspension amendmet to the rate bill. There was, more discus sion of tn necessity for fixing day for I vote on the rate bill and Mir. Till- man gave notice that after next Mon- day he would insist that the Senate shall proceed to vote if Senators are not prepared to speak. All the private pension bills on the calendar were passed during the day.
 Mir Spooner took up the Bailey non- suspension amendment. saying that if IL should become law the court would be deprived of the power of granting relief, even if the rates fixed should be confiscatory.
 Tt Is possible" he said. "that Con sress can substitute It's judgment in such a proceeding for the Judgment of the court?'
 Injunctions, he declared to be tho right arm of equity and said that without them there would be no pre- ventative relief He added:
 "I do not believe that it is in the power of Congress to take away from the inferior courts any process neces- sary to its Jurisdiction. Jurisdiction may be withdrawn, but with jurisdict- ion undisturbed we are powerless to emssculate those courts and deprive them of the power to execute their de- crees. Congress cannot give turis- diction and yet withhold it."
 He declared MT. Bailey's proviso to be a mere legislative mandate to the inferior courts to decide all cases in favor of the government
 MT. aBiley replied that his amend ment merely deprived the court of Jurisdiction.
 MT. spooner retorted that jurisdic- ton could not be split up in given cases.
 MT. Bailey contended that Congress could not only limit Jurisdiction. but could deny all jurisdiction, and, con versely. if 1t could deny all jurisdic- tion, 1t could deny a part of It.
 MT. Spooner closed at 2:40 p. m.. af- ter speaking two hours and Mir. Clark. (ArkD announced the postponement of his speech until Monday.
 Mir. Allison expressed the hope that the discussion of the rate bill would finally adjourn before the first of August, 1t was necessary that the de bate proceed without delay.
 MT. Tillman replied that notice had been given for two speeches Monday and said he did not consider 1t well to attempt "to put on the screws" until after that date.
 Mir. Foraker suggested that some of the amendments be taken up for dis posal. but Mir. Tillman objected that this should not be done without notice to absent senators. He gave notice that Monday he would hold the Senate to the requirements that it should be- gin voting if no one was prepared to speak
 Mir. Bailey could see no reason why a date for vote could not he fixed now and Mir. Allison agreed with him.
 MT. Foraker proposed a court review amendment, In the language of the Ohio law. endorsed by the legislature of that State. MT. Bailey remarked that he was gratified to know that cordial relations had been restored be- tween the senator from Ohio and the legislature of that State.
 At no time has there been a lack of cordlality." responded MT. Foraker. Tt has been warm at all times"
 The Senate went into executive ses- sion and adjourned at 3 :55 p. m.