Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-28
NOT COMPELLED TO ANSWER.
A Ruling Which Practically Renders
the Interstate Law Useless.

Judge Grosscup of the United States court
at Chicago. on Monday. discharged the rule
on the railroad officials compelling them to
answer questions in the federal grand jury
investigations of the workings of the inter-
state commerce law.
The officials have refused to answer ques-
lions regarding their rate-cutting. and ty
this ruling Of the Judge the interstate law
is. to a large extent, apparently, rendered
practically valueless.
In his decision Judge Grosscup said:
Every mans life is So far as society is
interested, a series of personal acts. Each
act not imprgeing unlawfully upon the
rights of others or falling within the defini-
tons of the criminal statutes is personal
right of the individual.
THE theory of our criminal proceeding.
like that of Grea. Britain, is accusatory and
not inquisitorial No person can be SUBJ
jected to the penalties of the law unless
every fact essential to the identification Of
the act charged with the crime is apparent
from sources other than himself, or his own
stand. as against the menace of the laws
penalties. upon the sanctity of his own per-
sonal knowledge, and the constitutional
guarantee puts seal upon that knowledge
that no legislative or judicial hand can
break.
IF the fifth amendment is intended to
grant to the person complete immunity
against the consequences of self-accusa-
ton of crime. irrespective of the nature of
such consequences, no legislative act can
cut down or diminish such immunity"
The court upheld General Freight Agent
James of the Lake Shore road, and Cord On
Mcleod, agent of the Merchants Dispatch
Freight Line, in refusing to answer oues-
tons put to them by the grand jury. The
questions were intended To draw out infor-
nation as 10 Illegal cuts in rates, and both
officials refused to answer. on the ground
that the fifth amendment to the Constitu-
ton of the United States gives every man
the right to refuse to make disclosures
which will criminate himself.
On February IL, 1893, Congress amended
the interstate act with the intention of
remedying the defect pointed out in the
law in the Supreme Court decision in .he
Counselman case.
District Attorney Milchrist held that the
amended law was as broad as the consti-
cd witnesses from prosecution for anything
they might disclose, and asked for a rule 10
commit the witnesses to Jail for contempt
if they did not testify.
Judge Grosscup holds that Congress did
not and cannot pass an act eXempting
anybody from the operation of the consti-
tutional amendments. and discharged the
rule compelling Mcleod and James to tes-
tify.
District Attorney Milchrist said: IT had
no idea that the court would decide against
us. We now have no way to compel wit
nesses to furnish informatio
Attorney Stafford, who represents the in
terstate commission, acknowledged that the
decision crippies the commission in so far
as prosecutions are concerned. 1.-THE cases
here" he said, will be dropped, but what
the commission will do 1 cannot say"
John n. Jewett. who argued the cases for
the railroad. said: THE decision is an able,
just and fearless one. 1t did not surprise
me-"