Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-11
BAILEYOy RAILROADC
Texas Senator Speaks -Four Hours on His
Court Review Amendment.
NEW RATES VALID PENDING APPEAL
MIR. Hale Agrees with Him that
supreme Court only should Have
Power 20 Set Aside Findings
OF Commission.

! WASHINGTON, April 1O-For more than
four hours today Mr.. Bailey held the un-
divided attention Of the senate with a
speech in reply to Mr.. spooner and Alr.
Knox, and just before its conclusion there
was significant suggestion from Mr. Hale
indicating the possibility Of an understand
ing and an early vote on the railroad rate
bill
The day was the most notable in the re-
cent history of the senate. Very few sena-
tors were absent at any time during the
day and every seat in the galleries, public,
private. senatorial, executive and diplO-
matte, was held by it's occupant with
marked tenacity.
The close attention given throughout the
four hours was all the more marked in
view Of the legal character OF the argu-
ment Mr. Bailey set out that the one
end in view of establishing the soundness
of his contention that congress has power
to deny to the inferior United States courts
the right to suspend the order OF the Inter-
state Commerce commission pending the
final division OF cases arising under tho
proposed law. This he undertook to do by
citing innumersble decisions Of the courts
and quoting many other authorities. These
citations were interspersed with his COM
ment. Mr.. Hale announced his willingness
to accept the anti-suspension amendment
and expressed confidence that IL Mr. Bailey
would on the other hand agree to broad
court review there would be comparatively
little difficulty I'm reaching an agreement on
the bill" Mr.. Bailey said that he could
not believe that review by the courts could
be denied under the constitution.
Authority of Courts.
Mr.. Bailey entered into an elaborate
argument to show that the courts cannot
annul legislation because OF inferential
constitutional limitations. He spoke OF the
division of authority among tho various
branches OF the government, but said that
he could not follow those utterings of re-
cent years which seem to proceed on the
theory that there should be no restrictions
upon the Judiciary This" he said, rs
the first government that ever conferred
upon the judiciary the power to annul
legislation. God knows that ought TO be
power enough TO confer upon nine men:
we are ninety; they are nine 1 would not
encroach upon their power; would hold
myself unworthy If l permitted them to
I encrosch upon mine"
Referring to Mr.. Knox's quotation from
: the text books on Jurisprudence, he said
that 'the senator forgets that they were
discussing the law as 1t is and that Il is
because congress wills It So"
, The point being that the legislative branch
; Of the government is supreme in the law
r making and court regulating function.
I Happily the senator from Pennsylvania
reduces the whole unestlon. TO our, point
) when he says congress can say when. but
/ not how. the judicial power shall speak" :"
I Mr. Bailey continued and then said he
was willing to accept that view.
Mr.. Bailey quoted a case decided by
: Chief Justice Marshall involving a law
| writ Of hal a.,
4 which he said that the courts cannot is
: sue a writ Of habeas corpus except upon
q the authority OF written law. And yet"
4 he said, the senator's tell us that congress
: has no power to put Limitation on the
: injunction power of the courts"
Functions of Inferior Courts.
: He asserted that in more than one deci-
sion the supreme court had held that the
I inferior courts have no inherent function
: as contended by Mr.. Knox. He quoted
q an opinion in which was made the state
ment that congress had withheld jurisdic-
/ tion. How in the name of common sense
8 can congress withhold from a court juris-
n diction OF a subject and not withhold
) judicial powers?" he asked to further sup
. port his contention that the phrase ''judl-
cial power and the word Jurisdiction
are used interohangeably by the courts.
A Coming then to the consideration of Mr.
Hales question relative to the final deci.
sion of railroad cases by the supreme court
Of the United States Mr.. Bailey said thai
he did not believe the courts were the
best tribunal for the settlement of these
questions. but that under the constitution
n he did not believe that the right TO suci
10 adjudication could be denied the carrier
& III" he went on, "a railroad can take
IS my property upon paying me what the
h court says is right, why can't you permit
s. me to take the property OF the railroad
II company and hold IL, until it Is finally
n decided?" He would not have senators vio
of late their consciences 10 please watkins
rs delegates, but would have justice don,
sr to ALL both to the railroads and theil
ys patrons This. he argued, could be &C
of compllshed by the adoption OF the amend
ments to the railroad bill offered by him
st self requiring that Just compensation" b,
lg made the standard of railroad charges il
in accordance with the language Of the con
r stitution.
e. He only. demanded that the findings o
i- the commission should stand until a fina
Df decision should be reached. He believeC
Z the adoption OF the amendment would hav,
L the effect OF forcing the railroads to assis
ce in getting an early trial.
he Hale Agrees with bailey.
n Air. Hale again interrupted and he ex
Of pressed the opinion that Mr. Bailey's argu
Or ment would have good results. After say
re ing that preference should be given al
IN cases arising under the proposed legisla
l. ton. he continued.
es Mr.. Bailey concluded at 4:S5 p. m, afte
re speaking for four hours and ten minutes
amidst an outburst OF applause which TN
chair found it impossible 10 suppress. Mr.
8 Bailey was warmly congratulated by sena
tors and representatives OF both sides Mt
,f Knox was among the first to offer con
gratuiations and Mr.. LaFOIlette patted Mr.
Bailey affectionately on the back
yh GENERAL DEBATE IN THE HOUSE
IT,
a. s.wau uaura navoaad - no.s.aa..