The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-06-01

| A legal decision by ex-Judge (now
Secretary Gresham has been overruled
by the United States Supreme Court.
| Justices Fuller, Brewer and Jackson dis
sented. The appeal brought up for re-
view Judgment rendered December, Z
1899, by the United States circuit court
for the northern district of Illinois in
| the case of the interstate commerce COM
| mission against W. G. Crimson, J. S.
| Keefe and W. r. Sterling, declaring sec
tion 12 Of the interstate commerce act to
be unconstitutional. The parties nam ed
| officers of the company, appeared as wit
nesses before the commission, were or
dered to produce their books, refused to
do SO under advice of counsel, and the
commission appealed to the court to
compel them. Judge Gresham decided
that so much of section 612 as author
ICES or requires the courts to use their
process in aid of inquiries before the
interstate commerce commission is I'M
constitutional and void"
Justice Harlan discussed at length the
scope and purposes of the act. The judi
cial power of the United States, ne said,
extends to all cases arising under the
Constitution or laws of the United States
and the circuit courts of the United
States are capable of exercising the
power in cases Of that character under
the restrictions prescribed by Congress.
The fundamental question he held to be
whether the proceeding was "case"
within the meaning of the Constitution.
The circuit court had adjuged it not to
be "easeD
The court below had held that, if the
act prescribed penalty for refusing to
testify such proceeding would constitute
case. while civil proceeding author
lied byCongress to compel witness to
testify would not be case of which cog
niZance could be taken by any court,
The test of the power of Congress was
not the judgment of courts that particu-
lar means were not the best that could
have been employed to accomplish an
end, but whether the means were uncon-
stltutional. There could be no doubt of
the power of Congress to authorize the
commission to summon persons and
papers relating to any matter which
might be legally committed to thai body
for investigation The appellees deny
the right of the government to authorize
the commission to make them testify,
and the power to decide the dispute
must rest somewhere. 1t could not be
that the government was helpless in
such an emergency. AS the circuit court
was competent to take jurisdiction of
the parties, why was not this case for
judicial cognizance by that court? 1t
must be unless Congress was without
power to enforce the statute. The con-
stitutionality of the twelfth section was
affirmed and the case remanded for ac-
ton upon the merits of the question.
Justice Brewer said that the dissenting
judges agreed with the bulk of the opin-
ion shat Congress had jurisdiction over
interstate commerce, but did not per-
ceive it's application to the particular
case under consideration. Punishment
for contempt was a power possessed by
courts for ages to compel the enforce
men to their DEGREES. Judgments and or
ders, but now it is proposed to use that
power of courts to enforce the orders, of
administrative officers If the power
could be used for the Interstate COM
merce commission it could for all of the
administrative Offices of the government.