Los Angeles herald., 1906-04-11
BY Associated Press.

BY Associated Press.
WASHINGTON, April 1O.-For more
than four hours Mr.. Bailey held tne
undivided attention of the senate with
speech in reply to Mr. Spooner ana
Mr.. Knox and just before It's conclu-
sion there was a Significant SUGGESTION
from Mr.. Hale indicating the possibility
of an understanding and an early vote
ON the railroad bill.
The day was one of the most notable
in the recent history of the senate. very
few senators were absent-a at any time
during the day and every seat ~ sne
galleries, public, private, executive ana
diplomatic, was held by It's occupant
with marked tenacity.
Many members of the house also
crowded into the senate chamber, many
of them standing against the walls OF
the chamber for hours without percept-
ible change in their positions.
Many Go Without Luncheon
Several senators and many more spec
tators went without luncheon rather
than miss any part of Mr.. Bailey
speech and at its conclusion the speaker
was congratulated Dy MS colleagues
of both parties.
There were comparatively few in
terruptions during the day and there
was no effort at applause until the
close of the discussion, when there
was a spontaneous outburst of hand
clapping in the galleries, which the vice
president was unable for time 10
check.
The close attention given throughout
the four hours was all the more
marked in view of the legal character
of the argument. Mr.. Bailey set out
with one end in view, this being the
soundness Of his contentious tnat
congress has power to deny to the IN
ferior United States courts the right
to suspend the order of the interstate
commerce commission pending the final
decision of cases arising under the pro-
posed law.
Cites Many Decisions
This he undertook to do by citing In
Vulnerable decisions of the court and
quoting many other authorities. These
citations were interspersed, with MS
comment. Mr.. Hale announced his
Willingness to accept the anti-suspeni-
sion amendment and expressed conf
dence that if Mr.. Bailey would on
the other hand agree to broad court
review there would be comparatively
little difficulty in reaching an agree
ment on the bill. In response Mr..
Bailey said that he did not believe
that review by the courts could be
denied under the constitution.
Mr.. Bailey entered into an elaborate
argument to show that the courts can
not annul legislation because of IN
ferential constitutional limitations. lie
spoke of the division of authority among
the various branches of the govern
ment, but said that he could not follow
the utterings of recent years, which
seem to proceed on the theory that
there should be no restrictions on the
judiciary.
Bailey Grows Eloquent
This" he said, sis the first govern
ment that ever conferred upon the
judiciary the power to annul legisla-
tion. God knows that ought to be
enough to confer upon any nine men;
we are ninety; they are nine. I would
not trench upon their power; l would
hold myself unworthy if permitted
them to encroach upon mine"
Referring to Mr.. Knox's quotations
from the text books on jurisprudence,
he said:
1.-THE senator forgets that they were
discussing the law as it is and that 1t
| is as it is because congress wills it so, ="
the point being that the legislative
branch of the government is supreme
in the lawmaking and court regulating
function. "Happily the senator from
pennsylvania reduces tHS WHole QueS-
ton to our point when he says con-
gress can say when but not how the
judicial power shall speak," Mr.. Bailey
continued. and then said he was willing
to accept that view.
Says Senators Do Not Understand
He declared that both Mr.. Knox and
Mr.. Spooner has misconceived the
theory under which congress estab-
fishes the inferior courts, saying that
If so disposed congress could today dis
establish every one of the inferior
courts.
He could not agree with Mr.. Spooner
that such course would be anarchy.