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PAPRIL 20, 100G
The Commoner
SENATOR BAILEY OF TEXAS, speaking in
tho senate on the railway rate question, de
livered what is universally conceded to be one
of tho great speeches in American history. It
will be remembered that President Roosevelt and
other advocates of rate legislation have all along
insisted that tho important matter in rate legisla
tion was to guard against delay in the taking
effect of the rates. Opponents of railway legisla
tion pretended only to be anxious to. guard against
the- unconstitutionality of-the law and -lo do jus
tico to all parties. " They insisted upon what they
call "an ample court review provision." They
wanted it made clear not only that after the
interstate commerce commission had fixed the
rate the railroad could appeal, but that 'the rate
could be held up by an order of court pending
the decision of tho case appealed by the rail
roads: rp HE PROPOSED AMENDMENT known as the
JL Long amendment and- introduced by the
senator from Kansas, which amendment .it has
been claimed 'wag agreed upon at the White
House conference, provided not only for appeal
after the commission had fixed the rate, but ex
plicitly conferred upon the circuit court the au
thority to issue an order suspending the rate.'
Several senators who have, been-regarded as emi
nent constitutional lawyer's and who have - also
been regarded as hostile to rate legislation have
insisted that provisions suqh as in contained in
the Long amendment wero -necessary to the life
of the proposed measure. But several weeks ago
Senator Bailey created quite a stir among these
constitutional lawyers, W,hile' admitting that the
railroad had the right to appeal, he flatly de-'
clared that congress hair power to ,deny to the,
inferior United States courts the right to sus
pend the order of. tile-interstate commerce com
mission pending the final decision in cases aris
ing under thfen'Qppsed Jaw.- .In .SqnatoBjiiley's
mfonorAble-. speech deliy;ersdrApU 1Q, he under-'-took
to, sustain Jiim aoatenpn. .and",- ev.an in the"
opinion, of. many, who heretoore took issue .with
him, succeeded. ,
SENATOR BAILEY POINTED out that congress
has exercised the?-power to abridge' the rights
of the courts ttr punish for .contempt or to isstie
' writs of mandamus, asserting that the courtB
- liave no inherent power ahd that "it is the duty
of the federal courts' not to make the law for
congress, hut to obey the law that congress makos
i'or them." He added: "If congress has the right
to restrict the powej' to punish for contempt, in
God's name has it not the right to' limit the power
of injunction which has been so greatly abused
by so many federal judges?"
I EFERRING TO "THOSE utterings'' of repent
V years which seem to proceed on the theory
that there should be. no restrictions upon the
judiciary," Mr. Bailey said: "This is the first
government that ever conferred upon the judi
ciary the power to annul legislation. God knows
that ought to be enough power to confer upon any
nine men; we are ninety, they are nine. I would
not encroach upon their power; I would hold my
self unworthy if I permitted them to encroach
upon mine." Referring to Mr. Knox's quotations
from" the text books on jurisprudence, he said
that "the senator forgets that they were discuss
ing the law as it is, and that it is as it is because
congress wills it so," the point being that the
legislative branch of the government, is supreme
in the law-making and court-regulating function.
"Happily the senator from Pennsylvania reduces
the whole question to our point when he says
congress can say when, but not how, the judicial
power shall speak." And Mr. Bailey declared
that he was quite willing to accept that view.
A CCORDING TO THE Texas senator Messrs.
J Knox and Spooner misconceived the theory
under which congress established the inferior
court. Ho pointed out that if so disposed con
gress could disestablish every one of the inferior
courts. He declared "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 to' the inferior
courts no limitation is put upon congress as to
the number, their jurisdiction or tlroir power.
R. BAILEY QUOTED from one text writer '
showing "the circuit courts possess- no
power .not conferred by congress." He quoted a
oase deaided by Chief Justice Marshall, involving
a law suspending the writ of ha,beaa -oorpus, in
wiii eh he said that the courts can not issue, a writ
of habeas corpus, except upon the authority of
a written law. "And," lie said, "the senators lull
us that congress has no. power to. put a limitation
011, the injunction power of the court." As a mat
ter of. practical convenience, he suid n raIlr.oad
company could better afford to sue 10.0Q0, ship
pers for the. differenco in rale in case of ft' final s
decree favorable to them than 10,000, shippers
-could' afford to sue tho company. " He. asserted
that in more than one decision the supreme, court
has held that tho inferior courts have .no ""in
horent function," as contended by Mr. Knox. He
quoted an opinion in which was made the state
ment that congress had withhold jurisdiction.
MR. BAILEY SAID that he' desired that Jtw-
tice be done fr6 all. He wanted raflroad
rates to be fixed with a view ot providing just
conipenstflion, but he demanded that the Imdtngs
of 'tho commission stand" until a final decision,
"should be reached, and he believed that such ah
amendment would have the effect of forcing 'the
railroads to assist irV bringing about an early trial.
Mr. Ballfcy was genorally congratulated at the con
clusion of his speech, and Senator Hale of Mriine,
republican, ' expressed the opinion that gddd to-.
suits wauld come from Mr. Bailey's argttmftnt.
Mr. Bailey siiid that he hopod republican sena
tors wxrald agree with the democrats upon this
atoendmenV afiaftig: "Thori we might hare a
new -national emblem in the big stick and the
pitchfork." - ' ' ''
T'CJHN D. RQGKiEFBftLBR, the. oil ; trust mag
' ) ' nate who lis tieen dodging jifocess , terser
since eener, 1905, '.has returned UTif"
61 d-tinib haunts. New York newspapers' .sfty:
""Mr. Rockefeller' was beaming wtli good humor
when lie arrived. , He met newspaper men and
photogva pliers with" a laugh, actually posed for
his picture, slapped a reporter on the back and
told him that John D. Rockefeller had never
beeii nervous in his life. Mr. Rockefeller cele
'brated hi return by' sohfling.'a Check for ,$100
to a farmer living near the Rockefeller ' e&aje,
vio lost a horse .'and cow and several tons of
hay by fire." ' ". .""
("SPEAKER CANNON recently wrote to a friend
w3 at East Liverpool, Ohio, predicting revision
of the tariff schedules. In a newspaper inter
view the speaker says that he did not write that
- letter for publication, although he has no objec
tion to its being made public. He says he does
not believe a majority of the people at this time
desire to interfere with present conditions, but
that the time will come when a general revision
will be entered on. He says that democrats in
sist on immediate revision of the tariff, and adds:
"If a niajority of the people demand Immediate
general revision they ) will elect a majority of
the members of this house" in favor of immediate
general revision."
THE LAFOLLETTE delegation was denied
seats in the republican national convention
and branded as irregular, and now, according to
newspaper dispatches, Senator Lafollette has
been barred from federal patronage. A Washing
ton dispatch to the Chicago Record-Herald, a re
publican paper, follows: "Senator Spooner is
monopolizing Wisconsin patronage, and friends
of Senator Lafollette are beginning to ask why
the president so completely Ignores him in dis
tributing plums. They point out that Senator
Lafollette probably i3 more strictly in accord
with the popular policies of the president than
any other man in the senate, yet he has been al
lowed no voice in the patronage. There is a
bitter division among the republicans in Wiscon-.--sin,
and all of the men selected for office by
Spooner have been opponents of Lafollette. To
.day the senate confirmed the nomination of E.
W. Keyes, former republican boss in Wisconsin
and now a leader of tho 'stalwarts' as postmaster
at Madison, where Spooler aud Lafollette both
reside. In sending Keyes' nomination to the sen
ate tho president, added that of Henry C. Kre x
to be postmaster at Manitowoc and William Cum
to bo postmaster at Mansion. Both ar- anU
Lafollette mpn, nnd while their nominations wio
made af (he Iimi.-wp of tho representatives n- n
their (UHlrlctK, thoy ate distasteful to thn mmr
senator. The rtcent a;uointmui' of Ymi i
Sanbcrn aa-1 Queries and of Consul wild. : . . j
favored nou not in harmony with the l...foii. io
Wing of the pftrty. Senator Lafolletto mi! iV
opposed the appointment "of Wilder, hut did ;hi
tak$'dvaatag of his rtsjht to make a flghi miam
it cm the flodf &f the tfenate. His friend.?, if v
over, sar he may be forettl to make a flpijt i,.r
what be considers his rtght's, la order to .i,-,.i
his prestige." - -
HpHE 8TUDBNTS AT. lb. University of "Wl
"X ''-consHi feare what is called "The Blaes
Frfars Comic Opera Compaay." Extensive r
rftngeme&ts have buetr made foV the ' &
meat to he given thl yesr. The words and music
of the operas were contributed by meftroers .of
tho school. Two bright young mf-n spent consid
erable time "in the preparation of the dtttles '
he iisd' en this occasion, and the stuoenrs w n
' highly elated because of the excellence or ':.
worjc done by these young authors. But a (in
eago. dispatch tos the Lincoln .(Nebraska) n -.. s
says: ."The facility- could notee the humor of
a- sofcg about tainted money, .and accordingly
fcey gave the directors of the opera corr.j.iuy
.strict orders to have that bit of touching v. i
' excluded frcin the program.'.1 Following i one
verse and the chorus of ooie of tho son.s to bo
excluded by order, of the' faculty i
' - - - ' ' ..
We havsjftftak from far and near, tnont of them
- from-' iiear,
Some branbt .home by Professor Stefcr, but many
made-fcht 1ut."- . "-.
Money, ye4 onajr JU43. their psv
But they ate carefnlirfol 'to iw
Anytwng Jonn v. wona jih;
Professors need it too. '
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CHORUS.
Mdney, oh, money, strange it may ro
Tainted or sainted, just soit'a green.
Money, yes, money, 'twas ever so;
At the Midway varsity they take to do:",.
Newspaper' dispatclies-say r The obj-r n d
th faniiU was that it mentioned the mT cif
ihe founder,' John D. Rockefeller, and y
him in 'a disrespectful manner. Thoy ai
that it would be unwise to let such a .-'
sung at a public performance which is un 1 i t
supervision 'Qf the school. The words 'tahw-1 or
.sainted, just so It's green were also objertoi trt
on the ground that the university had ar ' ,u 1
no tainted money."
THERE ARE NOW at least nine generally
recognized aspirants for the republican
presidential nomination, and the New York Even
ing Post says the greatest of these is unqw -tionably
Fair-banks. Tho Post adds: "With all
h nurn nf Hin vine nresidential office at his
command, he has built, perfected, and extended
the most workmanlike political machine, prob
ably, that a candidate ever possessed two years
and three months before the nominating conven
tion. The prophecies of his enemies have regu
larly come to naught. He has blocked their
plans, he has carried off their spoils, and still
the wrath of Heaven does not descend to con
sume him. In fact, nothing seems to touch him.
All the -boomers of other presidential candidates
use him as a standard of comparison. No one
ever heard a Taft man, for instance, say that his
candidate was gaining ground faater than Shaw,
or Root, or Foraker. No; if he wants to make
the ultimate claim, he says that Taft is outstrip
ping Fairbanks, and the Shaw men, the Root men,
and the Foraker men, in their most optimistic
moods, can say no more for their standard-bearers.
The flame of Fairbanks enthusiasm is as im
possible to extinguish ,as the phosphorescence of,
a fish."
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