Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-28
SPOONER FINISHES SPEECH
Wisconsin Senator Discusses Legal Status
Of Court Review Amendments.
TIME FOR VOTE ON RATE BILL
Confederation of the Amendments
VIII Begin Monday ~ No
Senator IL Ready TO
Speak.
TIME FOR YOTE ON MTE BLL

WASHINGTON, April 27.-NIr. spooner
concluded his two days speech on the rail-
road rate bill today.
He spoke for two hours again devoting
his attention largely to Mr. Bailey's nom
suspension amendment to the rate bill.
There was more discussion of the neces-
sity for fixing a day for a vote on the
rate bill and Mr.. Tillman gave notice that
after next Monday he would insist that
the senate shall proceed to vote IL sena-
tors are not prepared to speak.
All the private pension bills on the cal
endar were passed during the day.
At the beginning of today's session of
the senate a bill amending the existing
laws relative to notices of land entries so
as to require that papers in which they
are printed shall be in the county OF dis
trict In which the lands are located, was
passed.
SpOOner Resumes Speech.
Mr. spooner then resumed his speech on
the railroad rate bill, again taking up the
question Of the distinction between judi
cial power and jurisdiction. Replying to
Mr.. Bailey he said that owing to the fact
that the powers are totally different It
cannot be said that one is greater than the
other.
suspension amendment, saying that II it
should become a law the courts would be
deprived of the power of granting relief
even If the rates fixed should be conhsca-
tory. lis it possible" he said, that con-
gress can substitute it's judgment in such
proceeding for the judgment of the
court?"
Injunction he declared to be the right
arm Of equity and said that without them
there will be no preventative relief.
He added: II do not believe that it is in
the power of congress to take away from
the inferior courts any process necessary
to its jurisdiction. Jurisdiction may be
withdrawn, but with jurisdiction undis-
turbed we are powerless TO emasculate
those courts and deprive them of the
power to execute their DEGREES. Congress
cannot give jurisdiction and yet withhold
it,"
He declared Mr.. Bailey's proviso to be q
mere legislative mandate to the inferior
courts to decide all cases with the govern.
ment
| Mr.. Spooner declared that he had no de.
sire TO exalt the judiciary exceedingly, but
he agreed with Chief Justice Taney thai
the supreme court is as important to the
country as the president.
Clark VIII Speak Monday.
Mr. spooner closed at 2:45 p. M. aftel
speaking two hours. and Mr.. Clark (Arl
announced the postponement of his speecl
until Monday.
Mr.. Allison expressed the hope that tn,
discussion OF the RATE bill would so ON
saying that If congress was to finally sd
journ before the first of August it wa
necessary that the debate proceed withou
| delay.
Mr.. Foraker suggested that some of tn,
amendments be taken up for disposal. bu
Mr.. Tillman objected that this should no
be done without notice to absent senators
He gave notice that on Monday he woul,
hold the senate to the requirement that /
should begin voting If no one was prepare,
to speak.
Mr.. Clapp gave notice that he woul,
call up the Indian appropriation bill to
morrow.
After passing a number Of pension bill
the senate went into executive session
and adjourned at 1855 p. m.