St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-01-13
The Senior Interstate Com
missioner Talks of Mon
days Decision.
Way for a Remedy Pointed
Out by the Court Of Last
Resort.
Commander Evans Gig Stoned
by Gillian RowdieS at
Valparaiso.
Changes Proposed in Customs
COllectionS--Shopt Hear
ingS on Tariff.

WASHINGTON, Jan. 12.-The decision
of the supreme court Of the United
States in the Counselman case is the
subject of much discussion today, and
popular inquiry turns to the question of
whether. in the light of this decision,
the interstate law can even be so amend
ed as to give it the efficiency that was
intended by its trainers. Bills are be-
ing prepared for Introduction in both
houses designed to correct the defects
of the law, but the opinion of prominent
lawyers of the two houses are divided
as to the possibility of framing an
amendment which will afford the rem
edy desired and at the same time be
constitutional.
Hon. W. r. Morrison, the member of
the longest service on the Interstate
commission, does not view the situation
with the disbursement that has been
manifested by some other friends of the
interstate law. When spoken to on the
matter Mr.. Morrison said:
Worrisonss Opinion
There is not much profit in discuss
ing the decision of the court of last re-
sort" he replied. "If the court had
been so inclined it could have held the
law constitutional upon very good au-
thority. The decisions of state courts
on substantially the same question have
not all been one way" Twill the de-
cision seriously hamper the work of
the commission in your opinion?"
lit will be at least temporary him
drance to the enforcement of the law.
llv-t
the most fragrant violations of the in
terstate commerce law, and those two
are not likely to have witnesses to the
transaction. If one Of the guilty par
ties cannot be compelled to testify
against the other. it will frequently
happen that both will go unpublished,
and go on in wrOng-doing. After all,
some OF the guilty will be overtaken, for
murder, though it has no tongue, Will
speak"
''ls the obstacle one which you think
can be removed by legislation?'
yes, it can partly be removed. The
court points
The Way to Remedy.
"That way is, give immunity or let go
unwhIpped of justice one guilty party
who is made to testify against another"
The remedy which the court suggests,
and to which Mr.. Morrison refers, is
contained in the following paragraph OF
the decision:
We are clearly of opinion that no
statute which leaves the party or wit
ness subject to prosecution after he an
swers the eliminating question put to
him can have the effect of supplanting
the privilege conferred by the constitu-
ton Of the United States. Section 81
does not supply complete protection
from all the perils against which the
constitutional prohibition was designed
to guard, and is not full substitute for
that prohibition. In view of the con-
stitutional provision. statutory enact
ment, TO be valid. must afford absolute
prosecution for the offense to which the
question relates.
CHICAGO, Jan. 12.-Judge James Nc
Dill, of Creston, To-. the newly ap-
pointed interstate commerce commits
Sioner. arrived here today. He says he
does not believe that the decision OF the
United States supreme court in the
Counselman case will seriously impair
the efficiency of the interstate commerce
law, though he thinks it will be neces-
sary to amend the law in some particu-
lars to make it fully effective.