The Birmingham age-herald., 1906-03-23

ever the case when an official like Mir ! Prouty gave out utterauees as he claimed that the gentleman had done. in which he said that the courts were controlled by
 the railroads"
 While Mr. Lodge was speaking the l Senate received announcement of the re- i quest of the House for the appointment l of conferees on the statehood bill. and l MT. Beverdge moved that the Senate 1 insist upon its amendments. and appoint i conferees to meet those of The House 1 Mr. Foraker immediately objected to the unusual method of appointing eonferees | by the chair on the suggestion of the | chairman of the committee having the | bill in charge. He based his objection upon the fact that MT. Beverdge did not represent the sentiment by which the Sen ate eliminated New Mexico and Arizona from the bill. He therefore asked that the question be referred to the Senate. MT. Beveridge made no objection but after the Senate had decided to adhere to its provisions, MT. Foraller suggested d postponement of the other question un- til tomorrow This suggestion was ae- cepted and the bill went over. Spooner Speaks on Bill. Mir Spooner then addressed the Senate on the rate bill devotng himself espe-
 cally to the legal questions involved In the controversy He took especial eN- ceptlon to MT Bailey's proposition prohib- ing circuit courts from suspending the orders of the interstate commerce com
 mission. He held that if the amendment should be adopted it would not only be | unconstitutional, but that because of Its importance 1t would have a tendency to drag down the entire law. He also attack ed the policy proposed as more import- ant because of its far-reaching conse- quences than even the question of the regulation of railroad rates.
 He denied that because Congress created the circuit and district courts it had the power to destroy them without creating | other courts to perform their duties. That" he said would be anarchy. for 1t would result in the destruction of our institutions"
 The inferior courts while not named in the constitution as was the supreme court, were still provided for by 1t, and
 were therefore. NIr. Spooner contended
 a necessary part of our system of govern ment He made the point that where Congress confers jurisdiction upon the courts in any given matter, it confers
 complete jurisdiction according to both
 law and equity, the jurisdiction once con ferred could not be limited. If Congress has sole control over the manner that l the judicial shall be exercised what be- comes of the power of the courts2' he asked. He declared that If Congress could
 
 grant temporary injunctons, it had power to deprive them of the right to issue | permanent injunctions. Often permanent l injunction would he of no utility without
 a preliminary order to residents. hence | the wisdom of tampering with the power to issue it.
 MT. Spooner paid a high tribute to the supreme court. declaring that in the last ten years it had done more than | Congress could have done in fifty years to assert the vital principles of the con stituton. and to sustain the rights of | the people.
 TIIman Enters the Fray. Mr, Tilman remarked that if the su- preme court should hold that Congress has no power to control the inferior ! courts, the people would elect a Congress
 that would enact legislation that would bring relief to the people" and he pre- dcted that in such event means would
 be found of notifying the court and se- curing the right solution, as he said was
 done in the legal tender cases.
 Mir Spooner interpreted this expression
 to mean that If the supreme court did
 not square it's opinions with the Cornfed | Law of the Senator from South Carolina l it must be reformed, but that if it's opin-
 ions did square with those of the Senator | it would not need to be reformed" | He asked Mir. Tilman where he had got l his knowledge of the law, and the latter | replied with a comprehensive wave of the
 right hand that he had imbibed it with l his mothers milk"
 l Continuing MT Spooner paid a high | tribute to the common sense of the South | Carolina Senator, but he added that the
 senator was apt by inuuendo and othewisa
 to impugn the good faith of others He l ought not, he said, to assume as he does. | The discussion of the subject by the law l fe 9Rpa 1,.sf ka
 should seek advice and assistance of those who have made a study of the law. of men whose life had been true to their l clients.
 Mr. Spooner referred to Mir Tillman's 1 recent charge that MT. Knox had been an l attorney for the Pennsylvania railroad 1 MT. Tillman replied that he had seen so
 many newspaper references to Mr Knox | as such attorney, that he had taken it for | granted that it was the case.
 l Mir. Spooner declared this charge was q | specimen of the wickedness and folly with which their whirlwind of abuse was charg- | ed, and he declared that MT. Knox had
 done more during his term as attorney general in the interests of the people by l enforcement of antitrust law and by 1 other litigation. than had been done in
 the previous thirty years
 | Mr. Tilman. after several attempted in- 1 torruptions. exclaimed:
 | Don't let us talk any more abont the
 senator from Pennsylvania; let us get l back to the cornfield law"
 Replying to the suggestion of Mir Till
 man. You two great lawyers (Spooner
 and Rayner) are standing hero and pull. l ing wool over tcchncalities." MT. Spoon
 CT said that when the constitutional law
 yors could not agree, 1t was time for the
 cornfed lawyers to keep out. After a | further discussion MT. Spooner ceased
 speaking promising to conclude his TO-
 marks tomorrow. The Senate then al 4:55
 went into executive session. adjourning | five minutes later.