The Providence news. (Providence [R.I.]) 1891-1906, 1906-04-26
100000 FOR
LABOR At MARE
ISLAND YARD

washington. April ss.--A stack Of
books which covered all tho vacant space
IN the vicinity OF MIR. Spooner's desk bore
evidence at the beginning Of TO-DAY >
session OF the senator from Wisconsin s
intention 10 make good his promise 10
repI ytoday TO Mr.. Bailey's speech on
the railroad rate bill
The nrst business Of importance was
the passage OF the bill introduced yester-
day by Mr.. Flint appropriatins 1SoO'ooo
for the employment fextra labor at the
Mare Island navy yard near San Fran
Frsncisco Mr Perkins reported the oih
from the committee on naval hnhlrs
without amendment and it passed with
out debate.
Mr. spooner began speaking az 1880
o'clock announcing his purpose OF devot-
ing himself largely 20 MI Baiiey
Amendment prohibiting inferior courts
from restraining the order OF the 'h'ei-
state commerce commission
'.The question Is very grave one,
q. said IF adopted u would almost
destroy the rate-hxins provision OF this
bill"
He said that the proposition was the
most important that had been presented
20 the senate in recent years, far greater
than even the rate fixing question u
self. He quoted Mr.. Bailey's declara-
tton that "the power 20 create involves
the mower 20 destroy" and said that
when applied TO the courts this axiom
was Full OF danger. He denied that except
tn limited degree congress had power TO
destroy the courts
He then entered upon an effort 20
draw the line OF distinction between
3urisdiction and judicial power and said
that Mr. Bailey's necessities must have
been responsible for his sneers at this
distinction.
judicial power is an indivisible thing
while jurisdiction may be distributed" he
went on. contending that In the consti-
tuition the word Jurisdiction" had been
used so as 20 make II apply TO the begin
ming OF suits, while the words judicial
power" had been used as applicable 10
the power Of the court over case once
instituted He therefore contended that
judicial power lodges In the United states
courts in cases in which those courts
have jurisdiction.
1T is" he said. coming 10 dennite
eefnition. "the power TO hear. deterndne
and carry into effect the judgment or
the court"
Mr. Bailey had made the mistake or
placing the regular Federal courts ON the
same level with the territorial courts,
which are not constitutional courts. "Ju-
riSifction Is one thing; the mode OF ex-
ercissng n quite another" he concluded
Mr.. Spooner had proceeded for almost
an hour without being interrupted, and
when an interruption came II was from
Mr.. Bailey. The Wisconsin senator had
referred 20 a case In which the attorney
general had criticised a judicial decision
and had been replied 10 By the court.
Mr.. Bailey suggested that interesting
rs this episode had been II was not as
Interesting as a more recent episode re-
ferr1ng 10 the presidents criticism OF
Judge Humphrey in the beef packers
cases
HAS Judge Humphrey gone back on
the bench 10 respond 10 the criticism of
himself7'' asked the Texas senator
Has the senator jurisdiction 10 ask that
question:" queried Mr.. Spooner. and re-
ply said that he had not. but that he had
judicial power TO do So"
Replying then TO the question. Mr..
epooner said: IT stand with all my heart
and soul for the distribution OF power
between the three independent cor-ordi-
nate branches OF the government and re-
gard II as fundamental that none Of these
should be invaded by the others"