The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-07-17
SUPREME COURT
OBSERVES RULES
Judiciary Branch of Govern
ment Great Stickler
INSURGENCY TACTICS
Representative Norris Tells What VIII
Be Done With "GoId Brick- Rue
at Next Session If Forced
to Do Anything
BY RODERICK CLIFFORD

The one branch of the government that
is a great stick1er for observance of
rules is the Judiciary; especially is this
SO with members of the supreme court
of the United States. One would not
think that there is any material diff
ference between the words presented and
filed as applied to legal papers, but the
dignified justices OF the august courts
draw a distinction. In the course of the
term of court 1t is not unusual for at
torneys in some case of national i'm
portance, when the court has decided
adversely, to ask the privilege of re-
hearing, and the court frequently
grants permission to the attorneys to
present a petition for rehearing This
was done recently in what is known
as the Missouri River Rate Case" But
the petition for the reharing was not
hled, as stated by many newspapers, it
was merely presented and will not be
filed until after the court has looked
1t over Then 1t is properly filed before
the court and will come up in it's regu-
lar order to be granted or rejected.
The late Justice Bradley had little
patience with attorneys who petitioned
for rehearings; he always spoke of it
as an unavoidable nuisance. And it may
be added that rehearings are rarely
granted. It was on the rehearing of the
income tax case that the supreme court
reversed itself and declared the tax
unconstitutional.
Just before leaving for his home
Representative Norris of Nebraska,
VINO successfully lead the fight against
Speaker Cannon last March, which re-
suited in removing the speaker from
the committee on rules, said that when
the House meets next December one
or the first things the insurgents would
do would be to make application of
the rule adopted just before the ad-
Journment of the session to discharge a
committee from consideration of bill
or resolution and bring the matter be-
fore the House. The statement has been
made, Mr.. Norris said, that this new
rule to discharge a committee is a
gold BRICK" and was never intended
to be used, but he said If the authors
of the rule think that the insurgents
Will not put the rule into practice they
will discover their mistake when too
late. Mr. Norris said the power to dis
charge committee rests in the hands
or the majority, and If the new rule
proves faulty it will be corrected be-
fore the session next December Is a
week old.
Members of the House committee on
naval affairs say if the experiments to
De made by the navy department with
the outside explosive shell on belt and
turret armor on the old warships that
are to be used as targets are successfu
At may cause change in the CONSTRUCT
lion OF the two dreadnaughts author
lied In the last naval bill.
When the naval bill was under consid-
GRAFTON, Representative Hobson of Ala
pama, secured the adoption of an amend
ment TO the 100000 appropriated for ex-
perlments In testing arinor piercing shells
by which the department is directed to
make tests with the outside explosive
smell. Two years ago the navy depart
ment gave it out that tests of this char
acter would be made, but for some I'M
explained reason the officers in charge
or this work declined to make the tests,
although they had the money to pay
the expenses. The advocates of the out
side she'll tests say the objection to the
experiments with the shell Is that 1t will
explode the theory of the armor-piercing
shell at the average battle range I'm
less the navy department has a report
to submit to the House on this subject
next December, it may be called upon to
experiments have not been made
Th claim is made that 1t was the use
Of the outside explosive shell by the Japs
that did UP the Russian navy. Authori-
ties say, the new shell will revolutionize
the navies of the world.
When Congress adjourned, June 25. there
were just two bills, known as administra. |
lion measures, pending before the House
judiciary committee. They were the anti. |
injunction and the federal incorporation |
oils. The bills were referred to a sub |
committee and were never taken up Nor
were there any members who asked fol- |
hearing on the bills Members of the |
House who still linger here on depart. |
mental business, say If the republicans |
win in the November elections, these two |
bills will go over until the next session |
but II the democrats carry the House. an |
effort will be made to put through the |
bill to give federal charters to corpora |
lions doing an interstate commerce bust |
ness. This bill is said to be favored by |
the railroads on the ground that it would |
have a tendency to relieve them from
some of the annoyances of state regula- |
lions.
The bill might pass the House. but it
would have a hard time in getting the
approval of the progressives in the SEN
ate.
Officials of the congressional campaign
committee are not deeply Impressed With
the law which President Taft signed,
June 25 requiring the publicity of cam
paign funds thirty days after the cleo
tion Those who have carefully examined
the law say that 1t is nothing more nor
less than a gold brick thus 1t Is so
worded that any person may pay from
his own private funds for the purpose of
influencing or controlling in two or more
states, the result of an election at which
representatives to the Congress are elect
ed, all personal expenses for his travelling
and for purposes incidental to travelling
without being subject to the provision
of the act. And furthermore the law
does not apply to a political committee
that confines it's efforts to a single state.
In the opinion of some congressman, the
law may have a good moral influence,
but will not check the use of money in
campaign, for the reason that 1t has too
many loopholes The reports to be filed
with the clerk of the House of Repre-
sentatves thirty days after the November
elections will no doubt be eagerly read
by the people.