Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-04-18
Point in Bailey's Speech.

The view which Senator Bailey of
Texas has urged since the opening OF
| the rate bill debate and which he has
again set forth with great force. that
congress has complete power over the
! jurisdiction and procedure of inferior
federal courts, has been gaining &C
ceptance in the senate and in public
opinion. 1t is conceded that congress
cannot alter the jurisdiction of the SUI
preme court. which is conferred direct
by the constitution itself, but it also
provides that congress" shall have
power to constitute tribunals inferior
/ to the supreme court. This grant is in
cluded in the enumeration of the pow
ers of congress. In the article dealing
with the judiciary it is provided
that the judicial power of the United
States shall be vested in one supreme
court and in such inferior courts as
the congress may from time to time
ordain and establish
The practical point is that Senator
Bailey's Interpretation opens wide the
door of congress to destroy absolutely
the injunction power of the district and
circuit courts, so far as SuSpending the
rates fixed by the interstate commerce
commission pending judicial review
thereof is concerned. This would solve
one of the most formidable problems
in the effort for more efficient railroad
control. which is to prevent the inter
minable and expensive delays insep
arabic from judicial dealing with this
subject.
The position held by many other able
lawyers is the exact reverse, denying
outright to congress authority to an.
null the injunction power of inferior
courts" any more than of the supreme
court, in which "the judicial power of
the United States is vested by article
3 of the constitution; the power grant
ed to congress in article 1 ito consti-
tute inferior tribunals" having no ref
erence to the former, and being the
grant under which congress has con
stituted a variety of tribunals, like
tribunals for adjusting claims, from
which the power of injunction and
other like powers could be withheld.
Such tribunals according to this
view, are not courts" in the constitu-
l.
when congress ordains it, all the COM
mon law and historic powers, includ-
ing that of injunction, as they were
understood when the constitution was
adopted.
Such construction, adds the Omaha
Bee, although it has been quite COM
monty entertained or assumed, would
obviously put a straight jacket upon
congress so far as concerns putting
into effect commission fixed rates until
the courts in appeal should finally have
passed upon them And, with it's COM
panion theory that every point in rate
proceedings before the interstate com
merce commission must be appealable
and retriable in the courts, the unes-
capable result would be to throw the
whole subject of rate regulation and
railroad control in general over into
the exclusive disposal of the courts. in
fact Transforming commission pro
ceedings into an additional source of
delay, confusion, cost and aggravation.
Although the issue of constitutional
construction is so radical and sweep
ing that it must finally go to the SUI |
preme court for settlement, Senator |
Bailey has done valuable service in |
enforcing upon the attention of the |
senate and the public an alternative
view under which this issue can be /
raised.