The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-12-12
GRBsHAM's DECISION.
1t Seems to be Giving congressman a
Good Deal Of Trouble.

1t Seems to be Giving Congressman a
Good Deal Of Trouble.
WASHINGTON, Dec. 11.-Congressmen
are discussing Judge Gresham's recent de-
oision that witnesses are not compelled to
testify in cases Of violations of the inter-
state commerce act Senator Cullom is the
author of the act, and he thinks it can be
so amended that it will be as effective.
He thinks the shortcomings cited by
Judge Gresham may be remedied but lust
how he is not yet prepared to explain. II
haven't read the decision in full, and until
do l cannot discuss it," he said. When
asked If he thought the abolition of the
commission a possibility the senator said:
81 do not think that will be done. The
law will never be repealed, though it may
eventually be deemed wise to leave the in
vestigation wholly to the courts. The OBJ
lection to that plan is that the courts are
already overcrowded and the processes
are so slow and expensive that
the small shipper whom the law was in
tended to protect is practically prevented
from bringing suit. II some method of dis
patching such cases promptly and cheaply
in the federal courts could be devised the
machinery of the commission might be dis
pensed with but the railroads need not hope
that the law will ever be repealed. It Will
be strengthened and enforced, and whatever
technicalities may temporarily interfere,
the cause OF the people as against the cor
porations must finally prevail.
Il was suggested to Mr.. Cullom that a
solution of the difficulty caused by Judge
Gresham's decision might be reached mere
ly by transferring the commission into a
court with special jurisdiction.
THAT plan has been discussed at various
times" said the senator. 1.-THE English
system has some advantages and court
thus created might be better than the com
mission in its present situation L think
this congress will do something to remedy
the matter, and am confident a successful
plan will be devised when the pending bill
comes up"
at only destroys one piece of machinery
In the entire mechanism which congress has
given us to carry out the law" said Judge
Veszey, one of the senior members of the
interstate commerce commission. 1.-THE de-
clsion does not diminish our duty to inves-
tigate violations of law, does not prevent
our getting testimony in variety of ways
and does not prevent prosecutions by
district attorneys upon the evidence
which we submit TO them and the
evidence they are able to obtain in addi-
tion. We were simply engaged in Chicago
In executing one OF the duties imposed
upon US by law to inquire whether the in
terstate commerce act was violated by GER
tain railroads and individuals. We shall
~ AAShb Ou Win SUCH Investigations ana 90
the best we can to obtain evidence upon
which to base the decisions we are required
TO make, enforcing reasonable rates and
proper conduct upon the railroads"
Shall you wait decision by the supreme
court upon the soundness Of Judge G. eeham's
decision. or shall you urge immediate action
by congressan was asked.
All the facts in the case will be laid be-
fore congress for It's information and action
In our annual report !" was the reply. 1.-The
report will be submitted in a few days and
Will contain full account of the proceedings
in this case and the position in which the COM
mission stands You probably noticed that
District Attorney Milchrist gave notice at
once OF an appeal to the supreme court and
the question will certainly be an important
one. should think it quite probable, how
ever, that without waiting for the decision
OF the courts, congress would take short
ont to enable us to secure testimony II it
can be done by new legislation"
Judge Gresham intimated that the
courts would enforce a penalty for refusal
to testify. IL the laws were put in that
form, instead of requiring them to i'm
prison for contempt, did he notr
"Yes, he appeared to make such dis
tinction, TO judge from the brief tele-
graphic report" was the reply. "If testi-
mony cannot be secured in one Of these
ways, or witnesses punished for refusing
TO give II, the decision impairs the power
OF public board which has been summon
ing witnesses for years Section 1874 of
the revised statutes authorizes subpnnas
by the head Of a department or bureau.
aud section 1856 directs the judge OF the dis
trict court to enforce obedience to the sub.
poena or punish the disobedience. Similar
powers are given to the commissioner OF
patents, the board of inspectors Of steam
vessels, pension agents and other executive
boards II wo can go to the courts and OBJ
tain the punishment Of witnesses who re-