Daily Kennebec journal., 1906-04-11
59th CONGRESS-.
Continued from Page One.)

act.
Inc Congress has not only assort-
81 It's right to deny to the court the
isht 70 ISSUE WritS of injunction. but
! HdS asserted its right to deny them
ne privilege of issuing the great writ
~ ilp@ttE. the writ of habeaS corpus,
ne S'tld, and quoted an act Of 1892 in
support OF the assertion. He referred
- ne McCarglc case of 1861 which he
Saiu htd been taken from the supreme
court on the eve of a decision BY an
act OF Congress dcpriving tliat. court
OF jurisdiction in such eases. The
senator from Wisconsin speaks Of
anarchy he exclaimed. If he wants
an example of anarchy he will find il
III the McCarg!e case"
hality then undertook to show that
Congress has exercised the power to
aElldgc the right OF the courts to pun
lsh lof contempt or to issue Writs OF
mandamus, asserting that the courts
nay" no inherent power ana that lit
is the duty Of the federal courts not
to make the law for Congress. but to
obey the law that Congress makes for
them"
IF, he added, Congress has the
nght to restrict the power to punish
Tor contempt in Gods name has il not
the right t" limit tie power OF injunc-
ton, winch has been 50 greatly abused
by so many federal Judges" He ;td-
Eit"l I'll" truth of Spooncr'S contcn-
ticn a" To tn" decision i'm the DobS
ease, hHt asserted that Congress. feels
tEHt tn" courts Wrr" going too far. had
3&SrG iit, Inv giving tho right of trial
ny july III certHiu contempt cases
ltklh% up authultticS quoted hN
Sfo"h"r' "ailty asserted that tn
"il'!'ol % Justice storey $" frequently
VttrN l"'" u" u"pat" WAS mercy
ah essay. "Ad not Il judicial dcclSloh
Passing from this the Texas senator
criticised severely SDooucr'S uuot1-
tious from he o,,iai,u Of Justic. HaId-
win in cyu.rrta cr;,,n \ a.,.io,,s mis-
take WIS made Inv Sroonrr in th,t bn
quoted Justice baldwin as having
LANDED Gown The decision of the court
when in fact he handed down a dis
Hc nting opinion. The decision of thH
court was handed down by Justice
Marshall Inn J,.iIn,. rnid ic ~. wis
ccnsin ,epator b,d ,u,ntoI Iii or ne
tice Haldwin's yinws H. vnuld b,,.n
found the ackuonlpdgmeut th;t H.
did not Law down the doctrine Of the
court" Taking up Il number Of other
citations by Spnonvr, the Texas sana-
t"f SAID:
Il propose 10 tax" out the aStcriskS
III" senator from Wisconsin has put
into these opinions" He then quoted
pOrtious Of opinions that had hern
orlittcd ana. charged tbat Snonncr bad
mi3led The Senate
Bailey entered into an elaborate arg
un,ent to show that The courts cannot
annul LEGISLATION Lecauso of infarortiaI
constitutiona1 lin,itat;on. ."rbicu n.
sad ..;s tho f,rst envernn,cn+ tbs+ a,.nr
conferred unon the court the mower IN
annul legislation God knows tha.
ought to he enough power to confer on
any nine mon; we arc ninety. L would
not trench upon their power; |
Woul! hold myself unworthy if | per
mitted them to cncroach uron mine" ."
He declared that both Knox and
Spooncr had nisconceivcd the theory
under which Congress establishes the
inferior courts. saying that if 50 dis
posed Congress couud today diS-cStab-
| lish every one of the inferior courts.
He GlG not agree with SpOrn"r th1t
sllch a course would be anarchy, be-
cause the state courts youId bp left
Congress might. he argued. declare war
against every nation of the globe and
v,hiI. tbnrn wac M do,,bt thai tho nnn-
,1r ,,o,,lJ cconre,o tho Connrose that
would do ca stiII tbnra was M douht
of the congressional rowcr. So if was
with the right nf Congress rc,s. DIM,
the rorrtc
"rhc newer 10 create and thr
rov,,r tn destroy must include tho
power to limit"
Hal" int"rrIlptoi with the suggestion
,hat Congress must have the same
power III the aholition or inferior
courts that il has III creating thnn.
IL had not, however. enjoyed what ;i"
scra,or haI said regarding the array
ing IF the 90 men here against thc rin.
mpr Of the Stiurcmc court. I!r wished
therefore to ask Bailey whether hn
wished by ANYTHING hc had saiI to COM
nit himself against the hr"adrst ,innl
rnyinw IF tho suproInc cnurt.
RaiInv s;,id that hc had only intended
to s,v tb1t IN . matter Of judgement