Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-10
POWERS OF CONGRESS
Senator Bailey's Argument on
the Railway Rate Bill.
CONTROL OF THE COURTS
Declares It Duty Of the Latter to Obey
the Law.
SENATE GALLERIES CROWDED
Popular Demand to Hear the Speech
Of the Texas senator-A Legal
Discussion.
CONTROL OF THE COURTS
Declares It Duty Of the Latter to Obey
the Law.
SENATE GALLERIES CROWDED
Popular Demand to Hear the Speech

In anticipation Of Mr. Balley's promised
speech on the rate bill, the Senate galleries
| were filled today as soon as they were
opened. and In addition a large number of
disappointed men and women remained in
the corridor in the hope that later they
might find an opportunity TO secure seat
| inside. There also was a large attendance
OF senators, and 1t was evident from the
| beginning of the days session that the
Texas senator would be accorded gratifying
attention both from his colleagues and the
public. All the seats In the Presidents gal
| Iery were occupied by friends of the execu-
tive family.
Mr.. Bailey was early In his seat, and,
| while awaiting the disposal of the routine
business, occupied himself in conference
with his colleagues. That he was to deal
with the question from a legal point of
view was made evident by the large num-
Der of law books which occupied his and
adjoining desks.
The morning business occupied twenty
five minutes time, and when 1t was dis
posed of Mr. Bailey promptly took the floor.
Legal Refinements.
He Immediately entered upon the discus
sion of his proposition looking to the with
drawal of the power OF the inferior courts
to suspend the order of the interstate COM
merce commission. referring to the conten-
ton that there would be a distinction be-
tween the power OF Congress over cases in
equity and in law.
If" he said. Congress can destroy pro-
ceedings in equity it can destroy proceed
ings at law" This. he said. had been con-
coded by his opponents, as had also been
the point that the inferior courts derived
their power from acts Of Congress and not
from the Constitution direct. These conces-
sions left as the only point the distinction
between the judicial power Of the United
ofnfac ord fho i,,ric Of No fA1n
courts. for which Mr.. Knox and Mr..
Spooner contend.
AS for himself, he considered this very
fine point, SO fine, indeed, that he felt it
would &c far TO justify Mr.. Tillman's char
acterizations of the refinements of the law.
He did not consider the point material, but
said that If material in any connection 1t
did not apply in the pending legislation.
He then entered upon a definition of the
two terms and after quoting many authorf-
ties, declared that they show that there is
practically no difference in meaning between
them. 1t is difficult" he said, to believe
that intellects like those of the senators
from wisconsin and Pennsylvania can con-
tend for such an absurdity as they do con-
tend for in holding that when Congress
confers any power on court IL conters All
power them"
Referring to quotations made by Mr..
Spooner in his argument to show that the
power of temporary injunction could not
be taken from the circuit courts, Mr.. Bailey
declared that given they are calculated
to deceive.
Up to this point there had been no inter-
ruption of the speaker. MIR. Spooner had
occupied himself In taking copious notes as
If intending to postpone any reply until
the close of Mr.. Bailey's remarks AT this
juncture he rose, however, with smile
of ratification on his face.
"Oh," said Mr.. Bailey, ut is well that
the senator should smile now, for he will
find before l am through that he cannot
SMILE
case quoted. g. revenue case, there was an
adequate remedy at law and Mr.. Bailey
responded, 80 we will do in this act
An interruption by Mr.. Knox soon fol-
lowed. He challenged the correctness of
an inference drawn by the Texas senator
from a construction by the Supreme Court
of the act creating the Dawes commission
to the five civilized tribes of Indians.
Inhibition on the Courts.
Mr.. Bailey said that in that act Congress
had inserted a provision depriving the
courts OF the right of suspendng the COM
, missions orders.
Mr. Knox said the inhibition had been
put upon the territorial courts, which can
not exercise the judicial power of the
United States, but Mr.. Bailey declared
that there was no such limitation no
courts being excluded
THE Congress has not only asserted its
right to deny to the courts the right to
| issue writs of injunction, but 1t has as
serted it's right to deny to them the privi-
lege of issuing the great writ of liberty
! the writ of habeas corpus" he said, and
| quoted an act of 1913 in support of the as
| sertaon, calling attention to the fact that
| some of the authors of the Constitution
| had. members OF Congress- participated
| In that legislation. He referred to the Nc
| Cargle case of 1867, which he said had
| been taken from the Supreme Court on
| the eve of decision by an act of Con-
| gress depriving that 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 1t in the
| McCargle case"
| Function Of the Courts.
| Mr.. Bailey then undertook to show that
] Congress has exercised the power to
| abridge the right of the courts to punish
| for contempt or to issue writs Of manda-
mus, asserting that the courts have no in
| herent power and that at 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 right
| to restrict the power to punish for con-
/ tempt, in Gods name has 1t not the right
| to limit the power of Injunction. which
has been so greatly abused by so many
| federal judges?
| He admitted the truth Of Mr. spooner's
contention to the decision in the Debs
4 case, puL dSSeFttu tIidt SouSFcSS, Ieefln8
| that the courts were going too far had
passed the law giving the right of trial
by Jury In certain contempt cases.
Taking up authorities quoted by Mr..
Spooner, Mr.. Bailey asserted that the opin-
ion of Justice Story, so frequently injected
into the debate was merely an essay and
not judicial decision.
Passing from this the Texas senator crit
icised severely Mr.. Spooner's quotations
from the opinion Of Justice Baldwin in ex
parte Crane. A. serious mistake was made
by Mr.. Spoone,;, said Mr.. Bailey in that
he quoted Justice Baldwin as having handed
down the decision of the court when in fact
he handed down dissenting opinion. The
decision OF the court was handed down by
Justice Marshall. but. Mr.. Bailey said, IL
the Wisconsin senator had quoted all of
Justice Baidwfn's views he would have
found the acknowledgment that he did
not lay down the doctrine of the court
Mr.. spooner's Citations.
Taking up q number OF other citations by
n r. cS.~~ gTx>--r