The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-11

lust Al the close OF his address, MI
Bailey was interrupted by Senator Haze
of Maine. a member % the opposite po-
ntical faith, who paid a remarkable
tribute 10 Mr.. Bailey's ability as an eN-
pounder OF the law and the constitution
and confessed himself as in agreement
with the Texans views on the subject
of the prohibition OF injunction proceed
ines 10 prevent ra tes fixed by the inter-
state commerce commission from becom-
ing effective. 49,. ,.
interrupted only by brief suggestions from
Senators Spooner and Knox whose pre-
vious arguments against the rlsh' 81 III, c4,,.
gress 10 limit the exercise OF autnorltg
by inferior courts he sought 10 controVert.
and by Senator Hale, with his trloute 10
Mr. Bailey's logic. Mr.. Bailey dld NOT
discuss the merits OF the pending Hep-'
burn bill but devoted his entire speech
10 a defence OF his amendment 10 prohibit
courts from issuing injunctons 10 suspend
rates fixed by the Interstate commerce
commission.
He cited many judicial decisions 10 show
the right Of congress 20 limit the au-
thority OF the judiciary, among them an
opinion of the United states supreme
court that the federal courts haa np
power to issue a writ Of habeas corpus or
fnandamus without direct authorizations;
and another opinion I'm which II was helu
that the courts could not exercise lhe
specific authority from congress.
The denial 10 the courts of this power
was even moro significant ne helu, thah
a denial OF the right to punish Tor con-
tempt, for the judgment OF the courts
would be OF no avail without the power
TO enforce them.
Mr. Bailey's most significant statement,
however, was that he was I'm favor or
giving the judiciary the broadest authori-
-to-rexZieM- -rale=hxlnE- -oIderS- OF Inc
Interstate commerce commission lie
held that the review by the courts would
be expedited II the rate fixed was not
suspended pending this review, for the
reason that Il would be 10 the interest
of the carrier involved 10 endeaVor 70
have his appeal adjudlcated with the least
possible delay.
liz has been understood for some time
that Mr. Bailey was In favor or liberal
court review provision. but yesterday was
the first time he made formal announce
ment Of his position. In his declaration
OF unrestricted judicial reviewing power
he came into line with the majority or
the Republican senators and dealt a Sc
we're blow to the Republican radicals,
who have been depending upon the Demo
Gratis for the necessary assistance 10 Sc
cure the adoption OF an amendment limit
ing the reviewing authority OF the courts
in appeals from the Interstate COM
merce commission 10 determine whether
a rate fixed was constitutional or that the
commission in fixing IL had exceeded It's
Mr.. Bailey disavowed any intention OF
attacking the courts, but he said that
ne had himself known some courts that
were guilty OF abuses. hence IL was neces-
sary 20 place limitations upon all OF them
Moreover, the manifold duties of the
judges would prevent their giving the
careful attention necessary TO railroad
questions. He contended that commits
sions could be found as competent as the
Judges OF the courts.
And" he added III we cannot get
commissioners equal 10 some OF the fed
cral judges l know God save the re-
public"
Mr. Bailey said that he did not believe
that the courts were the best tribunal
for the settlement OF those questions. but
that under the constitution he did not be
lleve that the right 90 such adjudication
could be denied to the carriers.
'If," he went on, "a railroad can take
my property upon paying me what the
court says IL right. why can't YOU permit
me 10 take the property OF the railroad