Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-04-13

SENATOR Joseph w. Bailey OF Texas,
made the great speech of the rate bill
debate last Wednesday. The principal
ground of difference between the con-
tending interests on this question Is
whether or not mandates of the inter-
state commerce commission should be
subject to review by the courts Sem
ators Spooner, Knox, Aldrich and 9TH
ers have held that the right of appeal,
etc, being guaranteed by the constitu-
tIon, congress has no power to abridge
that right even in a matter like this.
1t is pretty generally appreciated that
II the railroads are to be allowed to ap
peal from every decision of the inter-
be no end to the litigation that will
arise and the effort to establish equi-
table rates will be an interminable
farce That Spooner and Knox are
so is Senator Bailey great lawyer, one
of the greatest of his generation. 1t
had been announced beforehand that
the senator proposed to show that con-
gress had the power to regulate the
Jurisdiction OF the courts in this mat
ter, and the announcement had been re-
ceived with more or less derision.
However, everybody recognized that
Senator Bailey could be depended upon
to give them something worth think
ing about, and when he took the floor,
not only was almost every senator in
his seat, but the galleries were crowd
ed. The real question at issue was
whether or not congress could take
away from the inferior Federal courts,
the power to suspend the orders of the
inter-stat commerce commission pend
ing the final adjudication by the su-
preme court. Among other things,
Senator Bailey reminded his colleagues
that the inferior courts were creatures
not of the constitutions; but of congress
assume that a creature should be great
er than it's creator. He cited precedent
to show where congress had not only de-
MED the courts the right to issue in
| functions, but had even denied them
the right of issuing the writ of habeas
corpus. He also cited cases where the
right to punish for contempt had been
limited He held that it was the duty
of the Federal courts not to make the
law for congress, but to obey the law
congress makes for them. He con-
tended also that if it were not possible
to find commissioners equal to some of
the Federal judges. then the country is
certainly i'm a bad way. His speech
was able eloquent and logical, and
when he finished. Senator Knox was
one of the first to congratulate him.
The applause was great and came from
all quarters. Before he concluded,
Senator Hale. of the opposition, inti-
mated that n satisfactory amendment
would no doubt be agreed upon.
THE Federal grand jury of st. Louis
has indicted +. G. Lewis, +. J. Cabot
and w. +. Miller, publishers of the
Woman'S Farm Journal. for conspiracy
to defraud the government in mailing
at the st. Louis postotfice, larger
number of papers than they are allow
ed to mail under the laws governing
postage on newspaper circulation. Un-
der the law, Il publisher has the right
| to mail one sample copy for each bona
fide subscriber. A bona tide subscrib-
er is one who has either paid or agreed
to pay within the subscription period,
one year or less. The Farm Journal
had been sending out 100000 copies a
month. The poStotfice officials were
satisfied that the paper had nothing
| like 100000 bona tidc subscribers, and
they were unwilling to rely on the
statements of the publishers as to what
their bona fide circulation really was.
The matter of looking up the facts of
the case was referred to inspectors and
the inspectors adopted the plan of haV-
| ing puStmaStcrS to ascertain from the
individuals receiving the papers at
| their respective offices, whether they
were bona fidc subscribers or the pa
per was only being sent to them, on the
sample copy basis. AS the result of the
reports of these postmasters, ii was