New-York tribune., 1906-05-04
CLOSING RATE DEBATE.
ATTACK ON JUDGES.
NJ. TaImGn Rebuked-sharp Con-
trOOersy sUith Mr.. lSpooner.
From The Tribune Bure@u.l


- attempting 70 support his remarks with news
-5per reports. special pleas and documents cover
- every scandal and alleged scandal oecurssn. r.,
psriod Of more than ten years He was me-
entity interrupted and was severely rebuled bv
s-ra,or Bacon IN a brief and digniaea speech
s,fsh commanded the admiration Of the Senate
t-.spective OF party
.enator Bailey protested against having the DEM
.-a.ic party in the Senate placed Ga the position
u .s,acking the judiciary and Senator Teller took
,-,ev-hat the same ground Senator Foraker also
r,royerted the position OF the Senator from South
'csrolina IN the course OF Mr.. Tillman's remarks
- supealed 10 Senator spooner in terms which the
se,aror from Wisconsin promptly resented. ana a
.,ov+ massage at arms ensued. but was finally
,,veht TO a humorous close by Ar. Tillman's ad-
--ssion i am rude man, and don't care
tomorrow the reading OF the Hepburn bin for
.-,sn6nent viii begin, and as each section is
,raehed the amendments thereto viii be discussed
,.sde- the ffteen-minute rule and disposed OF. It
!, gvnected that the Senate viii adjourn from Fri
I.v 70 Monday and that next week the debate Will
,,ooeea with great rapidity and smoothness 70 a
anal vote
~ T-Ilunaa said that many judges unduly
,s+u5ioed In favor OF the railroads and were
-bolv unfit 10 be trusted with the power OF pass
,n0 on railroad questions Hence. he argued there
ror,Is be no great risk in preventing their inter
s.rsnce in such cases. 1T is utterly absurd 20
sboW that the judges are higher creatures than
cher men," he said. He referred 70 the division
~ the Supreme Court the income tax saying
,sat IN that case one OF the judges had changed
tis mind Thus" he said, 'the practice OF
osnrurv was reversed. and the country submitted
merely because Of the plea that the highest court OF
,rs country must be sustained He could not accept
she idea that there was anything holy ABOUT q
5Bsge 'ans when We see how the highest judges
s,Fer or change their minds, possibly because
,-ne.bing gets the matter with their stomachs or
.ber sleep badly, we cannot be blamed II We con-
rlude that they are not infallibe." He also cited
orber cases in the courts intended 10 show tna1
some judges are mot only not infalhble. but not
tnoorr7lptible" M Tillman referred 10 pleasure
srin N Tampico given by three kansas fsIiEG11s
70 Judges Mcpherson. Phillips ana FoAocA me 4HS
scro11nf was condensed from the Kansas CITY
papers and said that the judges had been tTapS as
Por'ee 1s ~ s9Yicitors Of the railroads giving the
ISnSsion ~ NJ TTllman said that Judge Phillips
aaa o1a.tso6 g1 with the Paul Morton case and he
conIrasted Presidents course IN TINS case @ASa
beef packers case. He would have judges Keep
themselves above suspiclon as - CSA S I 1SosiTfCS
his wife He would have them IN IA sen ~
that they would not be subject 70 the renecOnS O&
any dirty newspaper reporter.
INDECENT" SAYS MR.. sPooNER.
q believe it has come to be considered good law
70 issue injUnctions against strikers said N.Y.
TYlman; and added If it is lot the Senator 1Tom
Wisconsin CIR. Spooner) viii correct
The manner Of this appeal TO him evidently an
gered Mr. Spooner. He rose and replied sharply
saving: The Senator from South Carolina Tor
''--N-
way"
Nr. Tslrnan attempted TO make prompt disclaimer
Of any intention offend, and when N6r, SpooneF
deciined TO yield the South Carolina senator ES'
marked: Z have some red blood Ia my veins.
a mere tH4n b6veveT Hs1sg INSISTED both on With
drawing his question and apologlZng-
.srhen sit down" commanded his antagonist: He
intended. apparently, 10 be good natured put & a15.
rer but before he could respond the Chair inter
fered calling attention the rule prohibiting sem
addressing Sacn OCftef OlEeCUg- 4nSes
followed sharp coloquy between Mr 1luInan 41S 4F
spooner had the hOoT. but it cut short by "a
decision IA Mr SpooneFs LevoI, apd i I1I t tse his
proceeded saying that IN oroeIlne MN "a + Io
scar Mr. Tilman had merely aceentuated what ne
sTaen apologfze for that Mr.. T1llnaan said
and ne added that he wanted no co1tenu0n %a1a
M spooner replied that he was Of the opinion
.te- ne contention had been sought by Mr.. Iill-
man and added that he could have IT, regaTdlees;s e;
seaf saving that h. did so not under the direction
Of 8Lr Tman- but Of his Own YonLio1h, 11a5 that he
had hsf no suspicion that Mr.. Spooner would f1Ae
ferrer over it. Mr. Spooner made an enort 20 re-
spond directly TO his Adversely nuf & ~aS bair This
A. s aos y rsaT sag restoring good feeling Address
irg h chair. RTr Spooner said he had not SHOWN
Mr Tllrnan returned to Mr.. Spooners course G ;
DECLARING he had acted harshly toward him Il! IN
tmstng that what he had done was ss iigSTssstne
the chair ..the word indecent was too strols'
Vthdr4E i ana su3sttle @ wnTa S1T replied MI Till
man. 7 am a rude man. and DOM care, so ne
The South Carolnan then SPOKE Q. Tue -, ~ House
Saqse Jerklils guo'llt55 sXEfat do YOU sup
pose 4 nudge who would far forget the decSlCI
as 10 ignore the law and mperil the rights OF sey-
ersi thousand men employed by railroad would DO
II appealed 10 in rate case in which an order nag 40
beer which dispensing 70 lie Lat LatIe;-,1,o o.
Mr. Tulrnan closed with an apology, eAIiaiie ta u
thar the situation was such as 10 require % me IIa,
mf.nisterlng ot ,soIne phys1a5 Ann fbe land doing
Whatever the railroads want and refusing 10 grant
NJ Bailey said that In case a temporary in
junction granted in given case II Woull oS
held up indefinitely. whereas il would be eXpeqlleo
y there should be Injunction. These declaTaI,
tons led 10 controversy Over 5he TlgnI OF iIe spe4
spoone7. Bacon ana Cuiberson took part
Mr. BACON DEFENDS COURTS.
Mr. Bacon said there was no monopoly by friends
Of nonsuspension OF the desire 10 protect the pub
lie, and called attention TO his own amendment
prohibiting the staying of orders by injunction
without heavy penalty TO be imposed on the ROADS
'NPE-es-s.nlng Ps3lng OF he commlsslons decree IN 4be
Judiciary. Mr.. Bacon said ne did not syTnpathize
Uaiied states courts. and that while there were
Sme lishonorahle exceptions. the federal judiciary
oonSldered The judiciary the sheet anchor OF the
=. NJ Tilmsn asked if MI Bacon did not believe
proper 10 call the attention Of the country 70 me
Nak no way Of punishing them except by impeach-
Nj. Bacon replied that the Senate had no right
70 originate charges, and that for II TO DO so was
1SlIp me power or the House. ana Al q measure
osqualify Senators from conducting impeachment
proceedings. He said he had voted for the i'm
par hInent Of Judge SWayne, and was BOFTy he had
Ael been found guilty.
Stating that he understood Mr.. Bacon's intention
q crlticise his course. and characterzlng the~Geor
s-e Senator's position .'squeamish," Mr.. Till
aan asked Mr Bacon II he believed il an encrOach-
eenl on The rights Of the courts for Senators to
IAlFsss ~ their opinions. What" ne asked does
criticism Of Judge Humphreys decisiOnY
ar bacon replied that. while he had an opinion
- tst subject. he did not consider the Senate the
tfoler place for It's expression. He declared that
le - sfn rnP That E.lnl-