Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-04-18
Strong Poin ts in Baiiey's Speech.

The view which Senator Bailey of
the rate bill debate and which he has
again set forth with great force. that
congress has complete power over the
jurisdiction and procedure of inferior
federal courts. has been gaining &C
ceptance in the senate and in public
opinion. 1t is conceded that congress
cannot alter the jurisdiction of the SUI
preme court. which is conferred direct
by the constitution itself, but it also
provides that congress shall have
power to constitute tribunals inferior
TO the supreme court. This grant is in
Guided in the enumeration of the pow
ers of congress. In the article dealing
with the Judiciary it is provided
that the judicial power of the United
States shall be vested in one supreme
court and in such inferior courts as
the congress may from time TO time
ordain and establish
The practical point is that Senator
Bailey's Interpretation opens wide the
door of congress to destroy absolutely
the injunction power of the district and
circuit courts, so far as suSpending the
| rates fixed by the interstate commerce
| commission pending judicial review
thereof is concerned. This would solve
one of the most formidable problems
in the effort for more efficient railroad
control. which is TO prevent the inter
minable and expensive delays insep-
arabic from judicial dealing with this
subject
The position held by many other able
lawyers is the exact reverse, denying
| outright to congress authority to an
nul the injunction power of inferior
courts" any more than of the supreme
court, in which "the judicial power of
the United States" is vested by article
3 of the constitution the power grant
ed TO congress in article l Ito consti-
tute inferior tribunals" having no ref
erence to the former, and being the
grant under which congress has con
Stituted variety of tribunals like
tribunals for adjusting claims, from
| which the power of injunction and
| other like powers could be withheld.
Such tribunals" according to this
view, are not courts" in the constitu-
| tional sense, which vests in a court
when congress ordains it, all the COM
| mon law and historic powers, includ-
| ing that of injunct as they were
understood when the constitution was
| adopted.
Such a construction, adds the Omaha
| Bee. although it has been quite COM
| monty entertained or assumed, would
| obviously put straight jacket upon
| congress so far as concerns putting
| INTO effect commission, fixed rates until
| the courts in appeal should finally have
passed upon them. And. with its COM
panion theory that every point in rate
| proceedings before the interstate com
| merce commission must be appealable
| and retriable in the courts, the unes-
capable result would be to throw the
whole subject of rate regulation and
railroad control in general over into
| the exclusive disposal of the courts III
fact Transforming commission pro.
ceedings into an additional source OF
delay, confusion. cost and aggravation.
Although the issue of constitutional
| construction is so radical and sweSp-
| ing that it must finally go to the SUI
preme court for settlement, Senator
Bailey has done valuable service in
enforcing upon the attention of the
| senate and the public an alternative
view under which this issue can be
raised.