The Wichita daily eagle., 1894-02-27

CHICAGO, Feb 26-Judge Grosscup OF
the United States court today discharged
the order compelling railroad officials to
answer questions before the grand jury in
the investigation OF the working of the
interstate commerce law. By this ruling
the law is to y large extent rendered prac-
tically worthless. In the course OF his
decision Judge Grosscup said:
every mans life Is, so far as society Is
interested, series of personal actions.
Each action not impinging uniawfully up
on the rights of Others, or falling within
the def of the criminal statutes, is a
personal right of the individual. The
theory Of our criminal procedure, like that
of Great Britain, Is accusatory and not ln-
qusitoral. No person can be subjected to
the penalties OF the law unless every fact
essential to the naturalization OF the act
charged as crime is apparent from
sources other than himself, or his own
voluntary disclosures. The accused can
stand, AS against the menace of laws and
penalties. upon the sanclty OF his own
personal knowledge and the constitutional
guarantee puts seal upon that know
ledge that no legislative or judicial hand
can break. Ii the fifth amendment is in
tended to grant to the person COMPLETE i'm
muniuy against all the consequences Of
self-accusition of crime, irrespective OF the
nature of such consequences, no legislative
account can cut down or diminish such
immunity"
"That decision," said United States
District Attorney Milchrist, surprises me
greetly. | had no idea that the court
would decide against US, but felt reason
ably sure that the decision would be the
other way. Still there was broad con-
sttutional question involved, and Judge
Grosscup has treated it in an able manner.
| am still of the opinion, however, that
the amendment to the Interstate law is as
broad AS the constitution. The effect Of
the decision will be to put an effect ual bar
to prosecutions under the law in this dis
trct. We now have no way 70 compel
witnesses to furnish information. When
James and McLeoi were called rs wit
nesses. the grand jury was Investigating
the rate-cutting Of last November and
December III eastern freights. The case
was technically called against the Lake
Shore and Merchants Dispatch, but. in
reality, the grand jury was after ali the
eastern lines. The Case will now be drop
ped. The grand jury WAS ordered to re-
convene tomorrow and when it does, the
interstate cases will be simply allowed to
remain untouched, and the grand jury
will hear the Harris postoifice case and
adjourn.
Judge Grosscups decision applies abso-
lutely to any case in this district. but it
does not necessarily govern in any other
district. That it will carry weight in all
the other DISTRICTS however, is very GER
tain. The hope for the interstate COM
merce commission is now to raise the
same question in some other district, OBJ
tain decision opposite to the one rendered
today, aud thus compel the railroads to
appeal to the supreme court. From Judge
Grosscup's decision, the government can
not appeal and the railroads will not"
Attorney A. q. Stafford, who represents
the interstate commerce commission, was
greatly disappointed when thee decisoln
was announced. He Acknowledges tnat the
decision cripples the commission in so far
as prosecutions are concerned.
1.-The cases here" he said, will be
dropped, but what the commission will do
cannot say"