The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-06-03
OLD FRIENDS PART COMPANY.

Senator Joe Bailey, Of Texas, ought never
to have given up the soft slouch hat. For years
he chung to his favorite headgear with commend
able tenaeity. 1t was only last week, in fact,
that he permitted his convictions to be So far
smoshered as To don a shiny tile. We thought
that something must happen speedily, and IT has
happened. Rising in his seat in the Senate to
atrge an amendment to the pending railroad
bill, the Senator from Texas said that he pur-
posed to make the language of the provision SO
plain that mot even a Judge Of the Supreme
Court could fail to understand it,"
We lay the blame for the ~unseemly fling at
the highest court upon Senator Bailey change
I'M hats. for the reason that the soft SLOUGH Is,
like the Constitution; an old fashioned article of
apparel. Time was when every statesman wore
it Tapping about his constitutional head, when it
was the outward and visible sign OF patriotism
and respect for law. BY the token that The slouch
has now fallen into disuSe, is ii TOO much to con
cluae, from the want Of these virtues in the pub
lie life of to-day, that there was some influence
moving from the hat and making for those quail
tiles Of which it seemed TO be the expression :
About the high hat there is an assertion and ar
rogance Of opinion that respects nothing and
comedies nothing. 1t is the symbol of opiniona-
ton and the hall mark Of conceit. Beneath its
prejudiced embrace there is no opportunity for
that easy and c~ontemplativc swelling growth that
distinguishes the head concerned with the fund
smentals expressed in the Constitution. Bailey,
during his soft hat days. was the Senate's bright
and particular constitutional exponent and OK
horter. The very week that marked his passage
from the soft to the stiff hat witnesses his de-
r~ertior, of his Old, old friend Surely, it il II
good thing that the Constitution protects the SUI
preme Court. and the Supreme Court preserves
the Constitution. Otherwise, with the descrtion
of Bailey, a high hated Congress. would repeal
the one and fire the other!
Mr.. Bailey's amendment was one which
sought 10 re-enact in a different form the com
modities clause of the Hepburn law, already
declared unconstitutional by the Supreme Court.
Its introduction. by a man supposedly a specialist
in constitutional law and the accompanying
dippant comment was really a serious incident,
as showing the spirit of the Jesuit now prevailing
the system Of Legislation. The cry is, "a law"
with little regard TO whether or not it is ~violative
of the basic law itself. When a man like Bailey
fcrgets, even in the cross-hre Of debate, that The
safety Of all laws depends upon the faith given
to the opinion of those in whose hands they are
placed for Interpretation, a long step is taken to-
ward the realization of the policy first voiced by
Roosevelt of ignoring for temporary ends the
ancient eanons upon which the government is
founded. Senator Bailey would do we'll to re-
member that The Constitution itself provides the
lneshod Of its exposition, and that the duty of a
Senator is to keep within the established bounds.
rather than to seek to vary the terms of the in
sfrument BY virtue of which he, too, holds his
powers.