The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-04-11
BAILEY SPEAKS ON THE
RAILROAD RATE BILL
Texas Senator's Views of the Basis Upon
Which the Whole Question VIII
Be Decided.

>CAOCOe
! when, but not how. the judicial power
shall speak, Mr.. Bailey continued, and
then said he was willing to accept that
view
Knox and Spooner Mistaken.
He declared that both Mr. Knox and
Mr.: SpOoner had misconceived the theory
under which congress establishes the in
congress could today disestablish every
one OF the inferior courts. He did not
agree with Mr.. Spooner that such
course would be anarchy, because the
state courts would be left. Congress
might he. argued. declare against
every nation of the globe, and while
there was no doubt that the people would
scourge the congress that would
do so, still there was. no doubt of the
| right Of congress regarding the courts.
The power to create and the power to
destroy must include the power to limit
In support of the plea that the legisla-
/ tive authority is not Curtailed, he called
attention TO the fact that with reference
10 the interior courts no limitation is put
upon congress as to their number, their
jurisdiction or their powers
Mr.. HaIe's Suggestion.
Mr.. Hale interrupted with the sugges-
ton that congress must have the same
Pow power IN the abolition of infer1or courts
that 1t has I'm creating them. My mind
runs with the senator's on that point"
he said Il believe that the power to ere
ate and TO destroy rests wholly with
congress" He had not however en-
Joyed what the senator had said regarding
the arraying the ninety men here against
the nine men of the supreme court. He
wishes therefore, to ask Mr.. Bailey whe-
Their he wished by anything he had said to
commit himself against the broadest final
review of the supreme court.
Mr. Bailey said he had been misunder-
stood. adding that he had only intended
TO say that in matter of judgment nine
ty men were to be consulted rather than
He asserted that in more than one de-
ctsion the supreme court had held that
the inferior courts have s no inherent
functions as contended by Mr.. Knox He
quoted opinion in which was made
the statement that congress had withheld
jurisdiction How in the name of COM
court jurisdiction of a subject and not
withhold judicial power" he asked, to
phrase judicial power and the word
by the courts.
Congress Is Supreme.
If he said. 1.-The president is com
manded by a statute to perfom a GER
thority is given directly by the con-
stitution. The constitution is the source
E congress- b 6%S IS into oen It th ettSr reg
OF lie. He declared that even the
courts have no power to execute their
own judgment without specific authority
from congress, and quoted the case of
Fink versus O'Neill in support of the
contention. And yet. in the face of
such a decision, senators contend that
congress Is incompetent to require the
court TO suspend all judgment until it is
ready 20 render final one he con-
Guided.
The court had not then been advised
of the new doctrine that when a court
has jurisdiction over a question its power
cannot be limited he added. He de-
clared that in this case the court had
gone farther than he had done. because
the power of a court to issue an eXecu-
tion in its own Judgment is the most es,,
sent1al of all powers. This lack would
render court impOtent indeed.
Sustained by Decisions.
the authority Of statutes ms old as the
republic and on the authority of an
the greatest of the chief justices. and
a long line of associates. ] may well be
content with my philosophy though L
should be the only senator to accept
Mr.. Bailey disavowed that he had any
intention of attacking the COURTS b1lt
he said that he had himself known some
courts that were guilty of abuses, so il
was necessary TO place limita tiOns on
sioners could be found as competent as
the judges of the courts. And" he
equal to some of the federal judges L
know, God save the republic"
Rights OF the Railroads.
Coming then to the consideration Of
Mr.. Hale's question relative to the final |
decision of railroad cases by the SUI
preme court of the United States Mr. /
Bailey said he did not believe that the |
courts were the best tribunal for the
settlement of these questions but that
under the constitution ne did not believe
that the right to such adjudication could
be denied the carrier If" he went
on. "a railroad can take my property !
upon paying me what the court says is
right, why can't you permit me to take
the property of the railroad company
an 40 QCl
He would not have senators violate their |
cOnscienceS to please walking delegates, |
to the railroads and their patrons This. !
he argued. could be accomplished by the
-uOPhOH VI t,tc ms 10 ILS IdII-
road rate bill offered by himself. re-
curing that Just compensation" be the
standard of railroad charges, in accord
ance with the language of the constitu- |
ton.
He only demanded that the findings
OF the commission should stand until a
final decision should be reached He be-
heved the adoption of the amendment
would have the effect OF forcing the
trial.
Compliments of Mr.. Hale.
Mr. Hale again interrupted, and he ex-
pressed the opinion that Mr.. Bailey /
ter saying that preference should be 1
given all cases arising under the pro-
posed legislation. he continued:
What the senator has said heretofore
and later with reference to the final adj
judication of all questions by the courts
has tended more than anything else TO
disentangle this subject and to secure, I
will not say Immediately. but a more
beneficent result than anything that has
taken place.
He agreed with Mr.. Bailey's argument
that inferior courts could be controlled
by congress. saying that on this point
this argument could not be countervaied
but that was minor question. The
final question he said. has been stated
by the senator from Texas better than
I can state il. That after the commits
sion has passed upon question and il
has been taken without undue delay and /
the right of injunction limited by con-