Los Angeles herald., 1906-04-11
Democratic Member From Texas Clearly Defines
His Views of the Railroad Rate Bill.
Applause Greets Speaker From
Every Part of Chamber

because the state courts would be left.
Congress might, he argued, declare war
against every nation of the globe. and
while there was no doubt that the
people would scourge the congress that
would do so still there was no doubt
of the congressional power So 1t was
with the right of congress regarding
the courts.
"The power to create and the power
to destroy must include the power to
limit" In the support of the plea that
The iatsislsffea autApritF, Is not cur
tailed, he called attention to the fact
that with reference to the inferior
courts no limitation is put upon con-
gress as to their number, their juris-
diction or their power.
Power Rests Wholly With Congress
Mr. Hale Interrupted with the sug-
gestion that congress mus. have the
same power in the abolition of inferior
courts that 1t has In creating them.
"My mind runs with the senator's on
that point" he said. "I believe that
the power to create and to destroy
rests wholly with congress-"
He had not, however, enjoyed what
the senator said regarding the arraying
of the ninety men here against the ndne
men Of the supreme court. He wished,
therefore. to ask Mr.. Bailey whether he
wished by anything he had said to
commit himself against the broadcast
final review of the supreme court.
Mr.. Bailey said he had been misun-
derstood, adding that he had only in
tended to say that in matter of
judgment ninety men were to be con-
suited rather than nine.
"No Inherent Functions"
He asserted that in more than one
decision the supreme court had held
that the inferior courts have had mo
inherent functions" as contended by
Mr.. Knox. He quoted an opinion in
which was made the statement that
congress had withheld Jurisdiction
How in the name of common sense
can congress withhold from a court
jurisdiction of a subject and not with
hold judicial power?" he asked, to fur
ther support his contention that the
phrase judicial power" and the word
jurisdiction" are used INTERCHANGEABLE
by the courts.
"If," he said. "the president is COM
manded by statute to perform a GER
tain duty he does not consider the au-
thority is given directly by the consti-
tuition. The constitution is the source
of all power, but it is dead letter un-
less congress breathes into it the breath
of life"
He declared that even the courts have
no power to execute their own judg-
ments without specific authority from
congress, and quoted the case of Fink
VS.. O'Neal in support of the contention.
And yet, In the face of such a de-
cision. senators contend that congress
is incompetent to require the court to
suspend all judgment until 1t is ready
m a hd
Should Limit All Courts
Mr.. Bailey disavowed that he had
any intention of attacking the courts.
but he said that he has himself known
some courts that were guilty of
abuses, so it was necessary to place
limitations on all of them. He con-
tended that commissioners could be
found as competent as the judges of
the court. And he added, "If we can
not get commissions equal to some of
the federal judges know, God save
the republic
Coming then to the consideration of
Mr.. Hale's question relative to the
final decision of railroad cases by the
supreme court of the United States,
Mr.. Bailey said that he did not believe
the courts were the best tribunal for
the settlement of these questions but
that under the constitution he did not
believe that the right to such adjudi-
cation could be denied the carrier.
'If," he went on, "a railroad can take
my property without paying me what
the court says is right. why cannot
you permit me to take the property
of the railroad company and hold 1t
until it is finally decided"
Hale Again Interrupts
Mr. Hale again interrupted and he
expressed the opinion that Mr..
Bailey's argument would have good re-
suits After saying that preference
shoud be given all cases arising under
the proposed legislation, he continued:
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