The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-04-11

argument to show that the courts can
not annul Legislation because OF iniercn-
tial constitutional limitations. He spoke
of the division OF authority among the
various branches of the Government. but
said that he could not follow the utter
ings of recent years, which seem 10 pro
cccd on the theory that there should be
no restrictions upon the judiciary. IhlS'
he saiu "is the first Government that
ever conferred upon the judiciary tho
power TO annul LEGISLATION God knows
that ought to be enough power TO con-
Ter upon any nine men, we are ninety,
they are nine l would not trench upon
their power; l would hold myself un-
worthy II l permitted them to encroach
upon mine,
Senator Knox Forgets.
Referring to Mr., KnoX's quotations
from the textbooks on Jurisprudence. no
saiu that that the Senator TotSetS That
they were discussing the law as II is and
that 1t is as 1t is because Congfess wills
IL So" the point being tnat the legislative
branch or the Government Is supreme In
the law-making and court regulating
Happily. the Senator from Ponnsyl-
yanla reduces the whole question TO our
point when he says Congress can say
when, but not how, the judicial power
shall speak," Mr.. Bailey continues, and
then said ne was willing to accept that
Would Not Be Anarchy.
He declared that both Mr.. Knox and
Mr. Spooner had misconcelved the theory
under which Congress establishes the in.
ferior courts, saying that II so disposed
Congress could today disestablish every
one OF tho inferior courts. lie did not
agree with MIR. Spooner that such a course
would be anarchy. because the State
courts would be left Congress might. he
argued declare war against every ma
ton of the globe. and while there was no
doubt that the people would scourge the
Congress that would do so, sun there
was no doubt OF the Congressional power
So IL was with tho right OF Congress re-
Gsrding the courts.
Tho power To create ana the power 10
destroy must include the power TO limit
In support of the plea that the legislative
authority is not curtallcd, he called at
tentlon TO the fact that with reference
TO the inferior courts no Limitation Is put
upon Congress as to their number. their
Jurisdiction or their power;
MT Hale interrupted with the suSgeS-
tIon that Congress must have the some
power in the abolition Of inferior courts
tbat II has in creating them MY mind
runs with the Senator's on that point
he snid II believe that the power to
create and to destroy rests wholly Win ,
irycd what the Senator had said regard
Ing tho arrayinG OF the ninety men mere
agoinst the nine men OF the SuPrSi,e HIr
| BAILEY whether he wished by anything ne
! had said to commit himself against the
| broadcast final review OF the supreme
Mr. Bailey said he had been mIsunder
stood, adding that no had only Intended
| 10 soy that in u matter OF l9dGment
| ninety men were TO be cohsuIteo raVuer
| than nine.
Asks Pertinent Question.
Hc asserted that in more than one de-
cIglon the Supreme court had held that
the inferior courts hayo no inherent
| functions" as contended by Mr.. Knox He
| quoted an opinion In which was made the
| statement that Congress had withheld
| Jurisdiction. How In the namo of COM