Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-04-10
Discusses His Pro-
position to With
draw Power of
Inferior Courts
SUSPEND ORDERS INTER-
STATE COMMISSION
Postoffice Appropriation Bill
Taken Up in House,
Lieutenant Flipper
Back in Army.

Washington, April 10.-1n anticipa-
tion Of Senator Bailey's speech on the
rate bill the Senate galleries were
filed today. After the disposal of the
mornings routine business Senator
Bailey promptly took the floor. He dis
cussed his proposition looking to a
withdrawal of the power of the infe-
rior courts to suspend the orders of
the Interstate Commerce Commission
referring to the contention that there
would be a distinction between the
power of Congress over cases in equity
and in law.
''If," he said, Congress can destroy
the proceedings in equity it can de.
stroy the proceedings in law" This
he said was conceded by his opponents
as was the point that the inferior
courts derived their power from the
acts Of Congress, and not from the con-
stitution direct. These concessions
left as the only point of distinction be-
tween the judicial power of the United
States and the jurisdiction of the fed
eral courts for which Senators Knox
and Spooner contend. He did not con-
slider the point material but said If
material in any connection it did not
apply in the pending legislation. He
then entered upon definition of the
two terms and after quoting his au-
thorities, he declared they show that
there is practically no difference be-
tween them.
FIipper Restored to Army Rolls.
Special to the New Mexican.
Washington, April 10.--The Presi-
dent has today restored to the army
rolls as a second lieutenant, Henry Os-
sian Flipper, formerly lieutenant in
the Tenth U. s. Cavalry, and who left
the service about thirteen years ago.
Flipper is colored man and grad
nate of West Point Military Academy.
He is we'll known in this Territory and
in this city where for several years he
was stationed as a translator with the
u. s. court of private land claims.
To Aid Owners Of Small Holdings.
Special to the New Mexican.
Washington, April 10.--Delegate w.
II. Andrews has introduced bill in
the House of Representatives, which
provides that persons claiming land in
New Mexico under what is known as
small holdings law" can secure 800
acres in each case, provided they are
entitled to this amount of acres by ac-
tual possession as now prescribed by
law and under such rules as may be
prescribed by the commissioner of the
general land Office.
Did Not Want Hitchcock to Control
Insane.
Yesterday was district day in the
House and that body resolved itself
into common council for the purpose
of making laws for the District of Co
lumbia. Considerable attention was
paid to the regulation of the employ
ment of child labor. Incidental to a
discussion of a bill affecting the inter.
ests OF the insane asylum In this city,
Mr.. Stephens took occasion to severely
criticize the present secretary of the
interior. Mr.. Stephens said he thought
that insane persons should be under
the control of the courts and not of an
executive officer.
II think 1t unwise to let the secre.
tary of the interior have control of an
insane person. A person found insane
by the court and ordered by the court
to be placed in an asylum, can by
the secretary be released under this
bill and in this way he could set aside
the order Of the court"