The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-02-27
A LAW MADE a DEAD LETTER.
The Interstate Commerce Act Vir-
tually Made imperative.


Chicago, Ill, Feb. 26.-Judge Groscup
rendered a decision in the United States
district court which will make the inter
state commerce law practically inopera-
tive, for The reason that it will, in the fu-
ture, be impossible to convict any one
Tor acts violating its provisions. The
court held that General Freight Agent
James, of the Lake Shore
road, and Gordon Mcleod, agent
of the Merchants Dispatch
Freight Line, the witnesses who refused
to answer questions put to them by the
grand jury, were right in the position
which they took and that they cannot be
compelled to answer. James and Mcleod
were asked questions which were in
tended to draw out information as to ille-
gal cuts in rates made by the companies
which they represent, Both refused to
answer on the ground that the fifth
amendment to the constitution of the
United States gives every man the right
to refuse to make disclosures which win
criminate himself.
MILCHRIsT EXPRESSES SURPRISE.
District Attorney Milchrst expressed
surprise at the decision. The effect of 1t,
he said, would be TO put bar 10 prose
cution under the law in this
district. He said: "We now have no
way TO compel witnesses to furnish in
formation. When James and Mcleod
were called as witnesses, the grand Jury
was inyestiga ting the rate cutting of
last November and December in eastern
freights The case was technical against
the Lake Shore, and the Merchants Dis
patch but in reality the
grand jury was after all
eastern lines. The case will be dropped
The grand jury was ordered TO reconvene
tomorrow, and when IL does the inter-
state cases will simply be allowed 70 re-
main untouched and the grand Jury will
turn to other business.
APPLIES TO ONLY ONE DISTRICT
Judge Groscup's decision applies abso-
lutely to any case in the district, but it
does not necessarily govern in any other
district. That it will carry weight in the
other districts, however. is very certain.
The only hope for the interstate COM
mission now is to raise the same ques-
tion in some other district, obtain a
decision the opposite to the one rendered
to-day and thus compel the railroad TO
appeal to the supreme court. From
Judge Groscup's decision, the government
cannot appeal and the railroads will not.
1t is likely that the law will be repealed
in so far as it relates TO shippers.
Attorney A. G. Stafford, who represents
the interstate commission, was greatly
disappointed when the decision was an
nounced He acknowledged that the de-
cision cripples the commission, in so far
as prosecutions are concerned. ''The
cases here, said he, "will be dropped,
but what the committee will do l cannot
say"
VIEWS OF TWO COMMISSIONERS.
Washington, Feb 26-Interstate Com
missioner Morrison was intervi we'd upon
Judge Groscups decision tonight He
was not fully apprised of the sweeping
character of the decision, but he thought
it will probably render it impossible.
under the existing law, to convict one
man by the testimony of an ac-
complice, unless the latter is willing
to testify. "The decision affects the in
terstate commerce commission TO the ex-
tent that it will make II more difficult to
secure convictions. 1t win have no other
effect, for, Of course, 1t will still be possi-
BILE to secure evidence outside of the
parties directly implicated If the de-
cision stands it will put us back in the
same position where we were before the
amendment to the law was adopted"
Commissioner Veasy expressed views
pfr, 10 . 81 L..