New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-20

Roosevelt and the Republican Senators who ia
vcr broad legislation areNdeclared 10 be opposed
70 Senator Bafey's view. Il cannot be seen how
suy Republican can follow the standard 70 be
SET uu tv Senator TillTnan.
Senator BalIey's entire argument was devoted
70 The assertion that IL is competent 10 provide
IL the b-I that a rate shall not be suspended by
irts-locut0ry decree pending an appeal 10 the
court rs 20 It's reasorableness and constitution
atty. The Republican contention has been that
he bll could not provide such Limitation Of the
eogrs' Inherent power. President Roosevelt is
sad n i-d1rse the contention, and It IS said
By Senator'S that rwo justices Of the Supreme
Cogr have c9ncu-red in Il Senator Bailey in
sisted that only the Supreme Court derives its
power from the Constitution. and that other
courts possess the power with which Congress,
hsir creator. endOVs them Congress, he held,
ezn limit as wei as enlarge the courts author
Fry lie made long legal argument, citing
Iuhorities which. he said, Endorsed his position.
A,ter he had established 10 his own satisfaction
he right Of Congress 20 prevent the suspension
q the commissions order pending review in the
court, he made an appeal for the practicabiity
O such legislation He said that without IL the
rate BIZ would be Ineffective and Il would be
better for Congress 70 give the peopla nothing
e. al than give them a stone when they are
sFking for bread"
Senator Bailey laid great stress on the posi-
bhty OF federal Judge being unable 70 deal
VIII the question Of a rate with the same facu-
tty as ne Interstate Commerce Commission,
which Is supposed 10 have expert knowledge Of
The Euhject- he asked which rate Is more likely
to Be right, one fxed by a commission or one
ersd By g railroad If the rate fixed by the
commission Is right he said. It should stand until
eT-aN ~ Ia A FaNa- 4TrEc rfTr
knows everything about law and nothing about
Stss should not be permitted 70 suspend. II on
s1-pare evidence. He cited an alleged case
where the Florida Railroad Commission, which
snforces SIS orders by mandamus through the
State Supreme Court, had been enjoined by q
federal Judge from entertaining q suit 10 re-
suire The railroad 70 lower its passenger rate
from four cents 10 three cents a mile. That IN
Junction had been issued on the ex-paTte evi-
osrce Of The vice-president OF the road
DIsTRUsTs THE JUDICIARY
Senator Bailey startled the Senate somewhat
By announcing his belief that the entire judici-
AZ cannot be trusted He said that while he
&c net believe there was a member Of the
United States Supreme Court who would de-
grsde his power. be could not extend the same
confidence 70 the whole judiciary. He believed
there were federal judges who would abuse the
poTer II lucusred 70 them
Il reply % & question from Senator Aldrich
Senator Bailey said he would favor having full
and fair decision o. contested rates before a
dnsl tribunal. but pending that he would not
PERMIT arbitrary suspension Of the rate fixed by
The cou---lssi
tslght there IS disclosed the breach between the
Denocrurs and Republicans who insist on rad
lea rate legislation Those Republicans would
Init the scope q the review. but would author
lie suspension Of the rate. The Democrats
"o-lt give fun review. but would not suspend
tas rate Conservative Republicans predict that
Il The end their party VIII compromise the limits
q review and agree on al other questions In the
oil erd that the Democrats viii divide on the
t-spensio- questions, some OF them voting with
ths Eepubucans.
Mr. EALLEY'S ATTITUDE DEFINED.
7 had not intended 10 discuss any phase Of
MS legislation until a suitable time 70 discuss
every phase OF IT," lIr. Bailey said in beginning
as speech The suggestion made by him ten
Gays ago in respect 70 the powers Of Congress 10
Unit Inferior federal courts in issuing injunc-
1oas had been discussed so widely and assailed
30 hercely that he felt required 10 make fur
l1er statement. He complained Of some Of the
LeVspaI'er comments on his suggestion. which
Ae said seemed 20 be furthering a deliberate ef-
-orl 70 make = appear that ne had advanced an
unconstitutional proposition, and 20 obviously
unconstitutional that his colleagues on the Dem
'crstic SIDE would not support IL
Reading from an account Of the Democratic
SENATOR luncheon a. the home Of Mr. New-