Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-13
CAUSING MUCH TALK.
The Supreme Courts Decision in the
COunselman Case Sumner.
BILLS TO REPAIR THE DAMAGE
Being Prepared to Present in Both Houses
of Congress.
TIE SENATE AND HOUSE NOW AT WORK

WASHINGTON, d. c., Jan. 12.-The de-
cision of the Supreme Court of the United
States in the Counselman case is the sub
ject of much discussion to-day, and popular
inquiry turns to the question of whether in
the light of this decision the interstate
commerce law can even be so amended as to
give it the efficiency that was intended by
its trainers. Bills are being prepared for
introduction in both Houses designed to
correct the defects of the law, but the opin-
ions of prominent lawyers of the two
Houses are divided as to the possibility of
framing an amendment which will afford
the remedy desired and at the same time be
constitutional.
Hon. w r. Morrison, the member of
longest service on the Interstate Commits
sion, does not view the situation with the
encouragement that has been manifested
by some of the other friends of the inter
State commerce law.
"What do YOU think OF the Supreme
Court decision in the Counselman csse?"
Mr.. Morrison was asked by an Associated
Press representative.
Little Gained by Discussion.
"There is not much profit in discussing
lIl6 NtClSlhll ol Tile court Oi lsSE TeSbTl, ne
replied. 'If the Court had been so inclined
il could have held the law constitutional
upon very good authority. The decisions of
State courts on subslanti lily the same ques-
tion have not all been one way"
"Wil the decision seriously hamper the
work OF the commission, in YOUR optnion?''
1T will be at least n temporary hindrsnce
to the enforcement of the law. There are
usually two guilty parties to tie most
fragrant violations OF the inter-Sta te COM
W N IN
have witnesses to the transaction. l. one of
the guilty parties cannot be compelled 10
testify against the other, it will frequently
happen that both viii go unpunished and go
on in wrcngdoing. After all, some of the
guilty will be overtaken, for murder, though
II have no tongue, will speak,
"IS the obstacle one which YOU think can
be removed by legislation"
Yes. it can be partially removed. The
Court points way to the remedy. That
WAY Is, give immunity or let 20 unwhipped
OF justice one guilty party who is made to
testify against another
The One Remedy That's Allowed.
The remedy which the court suggests,
and to which Nr. Morrison refers, is CON
tanned in the following paragraph of the
decision: we are clearly of opinion that no
statutc which leaves the party or witness
subject to prosecution after he answers the
eliminating question put to him can have
the effect Of supplanting the privilege con-
1erred DV the Constitution of the United
States. Section 81 does not supply corl-
plete protection from all the Derils against
which the constitutional prohibition was
designed to guard, and is not full substitute
Tor that prohibition. In view of tie const-
tutiunal provision, a statutory enactment
TO be valid, must afford absolute prosecu-
ton for tie offense to which the question
relates"
senator Cuilom was asked for his opinion.
He said: Il am afraid the Court hardly
realizes that the people are entitled TO pro-
lection in their rights as between them
selves and the common carriers. But. with
out cr1ticising the decision, want to say
that the people of the United States are de-
termined that the common carriers of the
country shall be prohibited in some way
from disregardinE the peoples rights. The
common carriers have duties to perform I'M
Ger common Law. They are quasi-public in
s;itutions. and they have no right, unde: the
common law, to discriminate between per-
sons or localities