The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-04-28

Senator spooner Finishes Speech
Against Bailey Court Re-
w., view Amendment.
Journal special Service.

Journal Special Service.
washington. April 2s.-Beginning
next Monday the Hepburn rate bill will
be kept continuously before the senate
until vote is reached or an agreement,
FOR voting arranged. Senator Tillman
has given notice to this effect, saying
he will press the bill regardless, OF
whether the senators are prepared to
speak or not.
Mr.. Tillman's announcement, was
called forth by complaint from Sena-
tor Allison that no progress is being
made on the rate bill He said 1t IS
only considered for brief period each
day and then laid aside. He declared
shat he is anxious to get away by the
frst Of August and desired more haste
regarding The pending measure He
begin taking up amendments and vot-
ing on them whenever discussion ended.
There are eighty-seven pending amend
ments.
Expect Agreement Soon.
Mr.. Tiliman said no agreement could
be arranged now, as more than twenty
senators are absent from the city and
he had promised them that nothing
would be done without due notice. Mr..
Bailey proposed to close general de-
bate next Thursday, but Mr.. Allison
said he had no authority to accept such
q suggestion. It is now expected that
before the close of next week, definite
agreement will be arranged for voting
on amendments and the bill itself.
Senator Spooner yesterday concluded
his speech in reply to Mr.. Bailey 8
views regarding the right Of congress
to prohibit courts from granting tenn
porary restraining orders. He was in
much better form than Thursday. More
FIRE and energy were noticeable and IN
"a great measure he redeemed the failure
which followed the first half Of his adj
dress. =
La Toilette Not There. ~
The attendance in all the galleries
was less than half what It was yester-
day. There were not SO many senators
on the floor. Mr. La Toilette was not
present at any time during the after
-noon. r.i.
Mr.. Spooner said that injunction is
Che right arm of equity jurisprudence
If congress cuts off the right arm it will
leave the body helpless and ineffective.
The powers Of injunction are given
courts by the constitution. Congress,
he said, cannot grant jurisdiction and
at the same time dictate to the court
how it shall exercise its Judicial powers.
Cannot Take Away Power.
Mr.. spooner would not deny the con-
sention of Mr.. Bailey that congress can
withdraw all or part of any jurisdiction
conferred on a statutory court. The
question involved, he said, is as to
whether congress, having conferred jur.
fsdiction over certain cases, the judicial
power that goes with it can be with
drawn. In his opinion congress having
given jurisdiction, cannot take away
She judicial power to hear all neces
sary motions and take such action as
is required by the facts disclosed.
The effort Of the Bailey amendment
Mr.. Spooner said, would be to make
the courts say that under such an i'm
pairment of jurisdiction they would
not take the case. The courts would
not accept half the jurisdiction and
have the other half withdrawn. They
would insist on having full constitu
tional powers or none. This question
he said, has never been presented tc
the supreme court, and he can find NJ
opinions on that point.
Bailey Acquits spooner.
-. Mr.. Spooner took up the charge thai
he had misquoted an dexpurgated opin
IONS He said that during legal prac
tice of thirty-eight years he had neve,
omitted any portion Of an opinion thru
a desire to mislead. Some Of his ex
tracts had been prepared by lawye,
friend and he had used them withou
careful examination.
Mr.. Bailey arose and acquitted Mr.
-Spooner of any Intentional desire t,
mislead either the senators Or the public
Mr.. Spooner took up many Of. the opin
IONS cited by Mr.. Bailey and gave hi
Interpretation of them, taking differ
ent view from that held by Mr.. Bale.
in each case. .. ..r.... -.