The Montgomery advertiser., 1906-05-04

added: If 1t is not. the Senator from Wisconsin, Mir. Spooner. will correct 1t. The nature of. this appeal to him evil | dently angered Mir. Spooner. He arose and replied sharply. saying:
 The Senator from South Carolina forgets what is decent when he chal- lenges me that way"
 l MT. Tillman considered the case or l Editor Josephus Daniel of The Ral- eigh (N e News and Observer, who. he said. had been thrown into prison because he had refused to pay a hne | Of s2,ooO for exercising his privilege of criticising the appointment of re- ceiver for the Atlantic and North Caro- lina Railway by Judge Purneil. | MT. Tillman had read an editorial from The Columbia (5 c) State con I corning the Judge Purneli case, uphold ing the position taken by Daniel. and quoting a decision of Circuit Court l Judge Pritchard of North Carolina, de- | claring that published criticisms or | or even libel of a judge is not contempt | of court. MT. Tillman said he could review instances In his own State of acts of tyranny and indecency, but the judge committing them Is dead and has settled his accounts elsewhere. The Senator said he also knew some cases in Georgia, but that he would take up tho case of Circuit Judge Par zee in enjoinipg tho Florida Railroad Commission from institutlng suit to compel the Louisville and Nashville Railroad to reduce its fares from to cents a mile He charged that Par dee ought to be impeaohed for his course. If impeachment proceedings were brought to the Senate. Mir. Till man predicted that there would not be votes enough to impeach the judges were he proved guilty of violating his oath of office.
 Case of Judge swayne.
 Mir. Tiiiman next paid his respects to the case of Judge Swayne of Flor ida. whom the Senate refused last ses- sion to impeach and asked to incorroI- ate In his remarks q statement pre- pared by Representative Lamar of Flor ida At the request of MT Spooner the statement was read
 Mir. Tillman then closed with an apology. explaining that the situation was such as to require the administer ing of some physic." He would not allow the judges to roam up and down the land. doing whatever the railroads want and refusing to grant relief to the people"
 Mir. Bacon said the same judge that would issue an interlocutory decree must in the end pass upon any :ase before 1t and asked what remedy there was If there were 90 many judges guilty of reprehensible conduct.
 MT. Tillman replied that he would depend upon the Supreme Court.
 Mir. Bailey also replied that in case a temporary injunction was granted in a given case 1t would be held up in- definitely, whereas, 1t would be expe- iited if there should be no injunction. These declarations led to a controversy over right of appeal in injunction cases in which Senators Bailey. Spoon CT. Bacon and Culberson participated
 Regarding Mir. TilIman's strictures against the judiciary. Mfr. Bacon said
 T do not sympathize with the whole sale criticism of the judges of the United States Courts.
 Continuing he stated that while there were some dishonorable exceptions. the Federal judiciary as a whole was com posed of men of ability and character. anchor of the Government
 Mir. Tillman aaked Mir Bacon if he did not believe ii proper to call the attention of the country to the dere- fiction of judges as there was no way of punishfng them except by impeach- ment
 Contention of Mir BacOn.
 Mir Bacon responded that the Sem ate had no right to originate charges and that for tito do so was to usurp the power of the House. and in a meas ure disqualify Senator's from conduct ing impeachment proceedings. He ad- mitted that he had voted for the iTn- peachment of Judge Swayne and said that he was sorry he had not been found guilty
 Stating that he understood Mir. Ba- cons intention to criticise his course and characterizing the Georgia Sena- tors position as "squeamish." MT. Tillman asked MT. Bacon If he believ- ed 1t an encroachment upon the rights of the courts for Senators to express their opinions. 'What?" he asked, of the presidents criticism of Judge Humphreys decision?"
 Mir. Bacon replied that while he hnd an opinion on that subject he did not consider the Senate the proper place for it's expression.
 Mir. Tillman declared that he had not intended to censure the entire ju- dietary. but contended that SO long as there were such men as Mccormack, criticism of individual members of the judiciary was justified.
 MT. Bailey opposed Mir. Bacon's con- tention that the Judiciary should not be criticized on the floor of the Sen ate. He believed in branding wrong wherever It makes It's appearance. al- though as a whole he had the utmost confidence in the Judiciary of the Unit ed States.
 MT. Foraker made an argument for a court review and in opposition to the suspension provision. contend ing that the latter proposition was ar bitrary and should not be embodied in the bill.
 Mir. Dollived contended that a court review provision in the pending bill would he mere surplusage.
 Consideration of the army apprn- priotion bill was then resumed and af- ter further amendment 1t was passed
 The Senate adjourned at 5:55 D m.