The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-04-18
SENATOR BAILEY'S
GREAT ARGUMENT.
Texans Speech Opened Way For Agree
rnent on Rate Bill.
HOLDS AUDIENCE FOR FOUR HOURS.

COnCeuOeu IIldC OoASiSoo AAoS WV
to Deny to Inferior United States
Courts the Right to Review Com
missions Orders.
Washington, April 1O.-For the
past two weeks, since Mr.. Bailey's
return, it has been rumored about and
generally greeted with a laugh, that
the Texas senator proposes to prove
the power Of congress to forbid infe-
rion Federal courts from issuing in
functions and that he would make
Senators Spooner and Knox, the two
great constitutional lawyers on the
Republican side Of the Senate, "look
like thirty cents" Tonight the very
men who laughed at Mr.. Bailey's sup
posed boast are freely and frankly
admitting that the thing has been done
and that even the 80 cents has been
knocked down to about three.
When Senator Halle Of Maine, here
tofore closely identified with the
ner-Knox-Aldrich element in the
senate. arose and declared that with
all Difference to the great lawyers on
the other side, the Senator from Texas
had done more to elucidate the subject
than any one who had previously
spoken on it and that he himself
had been convinced, 1t was greeted as
practically a decision in this great de-
bate in favor of the young giant from
Texas. The little smile of triumph on
the ruddy lips Of the Texan, as he
wiped the perspiration from his fore
head, brushed back lock Of black
hair which had kept coming down
over his forehead into his eye, sat
down, had it's counterpart in the up
roarious applause which burst spon-
taneously from every part Of the over
crowded galleries, an applause which,
contrary to all custom, the vice presi-
dent did not even attempt to stop.
Throughout the entire speech Of four
hours, nearly every senator was in his
seat, hardly one leaving for lunch, and
hundreds of people, crowded out of
the, galleries, stood for hours in the
corridors waiting fo- a possible oppor-
tunity to get in.
Among the very first to shake the
speakers hand and congratulate him
1t the end was Senator Knox, follow
ed by dozens Of others from both sides
Of the chamber. "The speech" said
4 prominent senator this afternoon,
will take rank in history alongside
the great speeches of Webster and
Hayne."
This whole rate-making business,
which the country now looks upon as
the most important matter before con-
gress in many years, was hinged upon
the question of injunctions. There is
widespread fear lest Federal judges
if not forbidden will kill the effect Of
the rate fixed by the interstate COM
merce commission by. enjoining the
operation Of those rates while these
judges take their own sweet and leis-
urely time to examine into the business
Of those rates Mr.. Spooner and Mr..
Knox especially, but also several other
cano+orc u,oo ora ,,e,,oJ!x, oon S;daro6
more friendly to the interests Of tho
railroads than they are to the interests
Of shippers and the people, have set
up the, claim, and IN magnificent. and
effective speeches, that a law passed
by congress forbidding the court;to
issue Temporary ,inirnehons; Will L'be
Unconstitutional: Mr.. Bailey today
showed that alteadx there .wete. laws
on the, Statute books: forbidt1ang. this
power of: injunction. and tnatsffhe SUI
prenae court. of the United States had
pronounced them, constitutional. He
! also cited several bills having clauses
fosblading injuncsiogsS, which. bills lad
been brought into the senate with the
UNANIMOUS endorsements of the judiei-
ary committee; on: which committee
are some Of: the very men who now
have been: siding with, spooner' and
Knox. He mentioned. Senator Bacon
of Georgia as one Of those who once
took part in a debate in advocacy Of a
bill which carried no-injunction
| clause. He quoted authority after au-
thority from John Marshall down to
the present, from piles and piles of
books spread out over his desk, over
the desk of two senators sitting in his
rear, and Of the floor between. to show
that nowhere except in the speeches of
Senators Spooner and Knox had any
body anywhere ever heard Of such
preposterous proposition that congress
could create a court and then not lin
it its powers. He claimed that it was a
judges business to know the law, not