The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-28
GRESHAM OVERRULED
DECISION ON THE INTERsTATE-COM-
ERIC LAW KNOCKED OUT.
Justices Fuller, Brewe aad jackson
Dissenfed Local Figures Show
Increased Freight Traffic.

An interesting decision rendered by the
Supreme Court Of the United States Sat
urday was one involving the standing of
the Interstate-commerce Commission, In
which the court overruled a decision by
the present Secretary of State, although
Justices Fuller. Brewer and jackson dis
scented. The repeal brought up for review
a judgment rendered Dec. Z, 1892, by the
United States Circuit Court for the North
ern district OF Illinois. in the case of the
commission against W.. G.. Crimson, J. s.
Keefe and Sterling. declaring Section Il of
the act to be uncon-
stitutiona1. The parties named. officers of
the company. appeared as witnesses before
the commission. were ordered 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
IL as authorizes or requires the courts TO
use their process in aid Of inquiries before
the Interstate-commerce Commission is un-
constitutional and void"
Justice Harlan discussed at length the
scope and purposes of the act. The judicial
power of the United States. he said. ex-
stitution and avs of the United States, and
the circuit courts OF the United States are
cspa b Of df,e exercising the power in cases
prescribed by Congress-. The fundamental
question he held 10 be. whether the pro-
the Constitution. The Circuit Court had
adtudged 1t not to be a ease" The court
a penalty for refusal. to testify such pro-
ceedfng would constitute a case, while a
civil proceeding authorized by Congress TO
compel a witness to testify would not be
a case of which cognizance could be taken
by any court. This Interpretation OF the
Constitution would restrict the employment
of means to carry into effect D0w1rl
granted to Congress within much narrower
limits than in our Judgment is warranted
Ian. The test of the power of Congress
was not the judgment of courts that par
ticular means were not the best that could
have been employed to accomplish an end.
but whether the means were unconstitu-
tional. There could be no doubt of the
power of Congress to authorize the COM
mission to summon persons and papers re-
lating 10 any matter which might be le-
gally committed to that body for investi-
CATION. The appellees deny the right of the
government to authorize the commission 10
the dispute must be rest 1t
could not be that the government was help
less in such an emergency"
Slight Increase I'm Freight Traffic.
The train records show that 14S more
loaded cars were received and forwarded
at Indianapolis last week than in the week
ending May 10. but S72 fewer than in the
corresponding week of 1898; going back to
the corresponding week of 1892 an increase
is shown this year of Al cars. All things
considered, freight men are rather sur
prised over the volume of traffic, despite
the strikes, which have entirely cut off the
coal and cox movement, and are begin
ming to affect manufacturing industries,
forcing them to shut down. East-bound
business with several of the lines is quite
satisfactory, with two exceptions exceed
ing the volume of the corresponding period
OF 1893. The shipments of corn and oats to
Eastern markets, as usual in May, are
heavy; the shipments OF live stock consid-
erably in excess of May last year, and the
shipments OF provisions the present month
are largely in excess of those of May last
year. and never before has the export
traffic III cerealine products been as heavy
as for a few weeks past. In west-bound
through traffic there has been a marked
increase the last few days, doubtless due
10 the advance In west-bound rates which
takes effect in a few days, the increase
being in the higher class freights for
Missouri river and Transcontinental line
points. In the lower class freights the ton
mage is not as heavy as last month. Local
business. all things considered, is quite
satisfactory, although % per cent. lighter
than at the corresponding period last year.
In some classes of freight there is a
heavier movement than at the correspond
ing period of 1893. In live stock, provi-
sions, poultry and products of grain more
is doing than in May last year, but in the
quantity OF lumber, building material and
manufactured goods the decrease this year
Is quite marked, but the quantity of ma
terial for street improvements and sewers
being shipped In here compares favorably
with that OF last year. Below is given the
number of cars received and forwarded at
this point for the week ending May 26. as
two preceding years:
Name of Road. 1894. 1898. 1892.
L.. ~. A. e c.. Airline. 367 427 fO1