The Montgomery advertiser., 1906-03-23
LODGE AND SPOONER
DISCUSS RAILROAD RATE HILL IN
 THE SENATE.
WIsc0n~fn Man Calls NIT. Titiman n Cornfield Lawyer--LOdge Criti- cises Interview 0f Commits
 siOner PrOuty.


 Washington, March 22.-The rail road rate bill occupied practically all of the time of the Senate today. There were two speeches. one by Mir. Lodge and the other by MT. Spooner MT. Lodge spoke in advocacy of his amendment looking 10 the enlarge ment of the interstate commerce com mission and in doing so replied sharp ly to some recent utterances by com missioner Prouty. Referring to an in terview by the commissioner MT. Lodge spoke first of an utterance by Eugene Debs and then said that 1t was not capable of dcing so much harm as MT Prouty's statement.
 MT Spooner devoted his attention to the constitutional powers of the infer for courts, contending that these courts could not be destroyed nor their juris diction taken from them. The discus sion closed with the usual exchange of courtesies between MT. Spoorer and MT. Tillman
 During the day Mir Beveridge as chairman of the committee on territor its, asked for the appointment of con ferees to meet the conferees appointed by the House on the statehood bill. MT. Foraker promptly objected to the se- lection of the Senate representatives upon the suggestion of the chairman of  man did not represent tho sentiment of the Senate. The disposition of the sub ject was postponed until tomorrow.
 Mir. Lodge made reply 10 q speech re- gently made in Boston by Commission CT Prouty in which the latter had ex- pressed the opinion that the New Eng land senators were pursuing mis- taken course in rate legislation, con tending that the eastern states would he better off without railroad regula- ton like those of Iowa. He then pro- ceeded to show the dissimilarity be- tween the conditions in the two loeali- ties and contended that 1t would be utterly impracticable to apply the same conditions in railroad management. Mir Lodge referred to current criti- cisms of the Senate and said that body would continue to perform its duties re gardless of them. The Senate and the executive could take care of their own fortunes but the courts could not reply. He therefore pleaded for fair treatment of them, saying that great CT harm could not be done than to breed distrust of thecourts."
 He quoted an interview with Eugene v. Debs concerning the arrests of of ficers of the Western Federation of Miners in connection with the recent murder of Governor Steunenberg of Idaho. Debs's remedy. said Mir Lodge. WAS CIVIL wal. IB COIltIlulIE IIldI IUe courts were controlled by the wealthy. This language, said MT. Lodge, might be attributed to an unbalanced mind and result in no serious consequence. Such was not. however, the case when an official like Mir Prouty gave out utterances as he claimed that the gen tleman had done In which he said that the courts were controlled by the rail- roads.
 Objects to Beveridge.
 While Mir Lodge was speaking the Senate received announcement of the request of the House for the appoint ment of conferees on the statehood bill and Mir Beveridge moved that the Sen ate insist upon It's amendments and ap- point conferees to meet those of the House. Mir. Foraker immediately ob- jected to the unusual method of ap pointing conferees by the chair on the suggestion of the chairman of the com mittee having the bill in charge. He based his objection upon the fact that MT Beveridge did not represent the sentiment by which the Senate elimi- mated New Mexico and Arizona from the bill. He therefore asked that the question be referred to the Senate.
 Mir Reveridge made no objection but after the Senate had decided to adhere to It's provisions Mir. Foraker sug- ReSIPO q DOSIpOneInenf or me oIneI question until tomorrow. This sug- gestion was accepted and the bill went over.
 MT Spooner then addressed the Sen ate on the rate bill. devoting himself especially to the legal question i'm volved in the controversy He took especial exception to MT Bailey's proposition prohibiting circuit courts from suspending the orders of the in terstate commerce commission. He held that if the amendment should be adopted it would not only be un- constitutional but that because of It's importance it would have a tendency to drag down the entire law. He also attacked the policy proposed as more important because of its far reaching consequences than even the question of the regulation of railroad rates.
 He denied that because Congress created the circuit and district courts 1t had the power to destroy them without creating other courts to per form their duties.
 That" he said, would be anarchy, for it would result in the destruction of our institutions"
 The inferior courts while not named in the constitution as was the supreme court, were still provided for by It and were therefore, MT. Spooner con tcdFd. d necessary part or our SVS- tenn of government. He made the point that where Congress confers jurisdiction upon the courts in any giv- en matter. it confers complete juris- dictiOn according to both law and equity, the Jurisdiction once conferred could not be limited,
 If Congress has sole control over the manner that the judicial power shall be exercised. what becomes of thc power of the courts?" he asked.
 He declared that if Congress could take away from the courts the au thorty to grant temporary injunct- ions it had the power to deprive them or the right to issue permanent in functions. Often a permanent injunc- tiun would be of no utility without rrcliminary order Of restraint; hence the unwisdom of dispensing with the power to issue 1t.
 Praises Supreme Court.
 MT. Spooner paid a high tribute to the Supreme Court. declaring that in the last ten years 1t had done more than Congress could have done in fifty years to assert the vital principles of the constitution and to sustain the rights of the people.