Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-09-21
GRESHAM'S VIEWS.
He Lets Them Slip On the Tar
iH Question.
A LEARNED JUR1sT OFF HIS GUARD.

A LEARNED JURIST OFF HIS GUARD.
While Trying a Case He Puts Himself On
the Democratic PIatform-A Diversion
That Raised a Laugh in the Important
Trial Where the Interstate Commerce
Law Is Involved-Points That the Law
yers Made and History of the Case.
CHICAGO, Sept. 21-Before Judge Gresh-
am in the United States circuit court yes
terday District Attorney Milchrist made
one more attempt to get at the big corpora
tions charged with violating the interstate
commerce law. The present proceedings
grew out of the refusal of President Brin-
son, of terminal roads said to be controlled
by the Illinois Steel company, and other
witnesses summoned before the interstate
commerce commission last July, to answer
certain questions. The books of the Illinois
Steel company were also called for.
Refused to Answer Questions.
This was to ascertain whether or not the
corporation owned or controlled the ter
minal roads, using them for the purpose of
discriminating against shippers, making
illegal rates to its own shippers, and other
violations of the interstate commerce law.
On advice of counsel the company refused
.
argument before Judge Gresham is to
compel the answer of those pertinent ques-
tions and order upon the company to
produce its stock books.
Points of NIiIchrist's Argument.
The case was opened by District Attorney
Milchrist, who read the petitions for the
order against the several witnesses and
then read from the law giving the inter-
state commerce commission almost abso-
In to into Nl.airn
made to it. The inquiries put to the wit
nesses went no further than to touch upon
unjust rates alleged to have been given.
The law prohibited giving such discrimi-
mating rates and if any inquiry to discover
whether such rates had been given was not
legal what was the good of the law? Judge
j. p. Hand and Assistant District Attor-
ney Dabney followed on the same side.
Judge Gresham's Political Slip.
Hon. Lyman Trumbull, one of the attor-
neys for the defendants, began the argu-
ment for that side. He said that congress
could not confer powers giving the inter
state commerce commission extraordinary
powers TO bring witnesses before it and
compel the production of papers and docu-
ments where no evidence was in the pos
session of the commission. Judge Trum-
bull cited the governmental powers for the
collection of revenue
Judge Gresham. interrUpting. said: THE
power of the government to collect revenue
to defray its expenses iS sovereign and alb
solute. 1t take any part OF mans
property without process, but it ought to
take no more than enough to defray the ex-
penses of the government"
Il am sorry it has the power to take
more" said Judge Trumbull.
Gave Himself Away on the Tariff.
1t will be observed that Judge Gresham's
remark practically puts him on the Demo-
.rn1a
was so understood in the court room and
raised a hearty laugh. This was the only
diversion in a very long and dry argument
in a case where the results will have a
most important bearing on the powers of
the interstate commerce commission.
Judge Trumbull cited many authorities TO
prove that the commissions : powers had
been exceeded and that congress had taken
a step too far in granting these powers.
Answer of the Respondents.
Before the arguments We're begun the
respondents filed answers to the petition of
the commission. The Illinois Steel COM
pany declared it was not a common carrier
and hence the commission had no juris-
diction over it and if it We're compelled to
produce its books it would disclose private
matters which the government had no
right to inspect. Then, too. the commits
sion had gone about its inquiry with a
total disregard of all rules of evidence and
the questions propounded Were not raised
in any case at law and hence the court also
had no jurisdiction. The answer of the
terminal railways and the Wabash road
also questioned the power of the commits
sion.
Reply of the Government.
To this the government replies that the
powers conferred by the government on the
commission were powers of visitation and
sufficient to inquire into any alleged viola
ton or even where the commission suspect
ed that discrimination in rates had oc-
CURED. The government had conferred
franchises of incalculable value upon the
railroads of the country by granting them
immunity from damages which might be
claimed by the several states. This gave
the government power to control the roads !
for the public good.