The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-01-08
BINDS THE BROKERS
LOWER COURT SUSTAINED AND
DEMURRER OVERRULED.
Dis trict Of Columbia Court Of Appeals De-
cides That the Indictments Against the
Contumacious Sugar Brokers are Good,
That the Law IL Good and That Their
Refusal to Answer Before the Sugar In
yestigating Committee Was at Their
Peril-Committee Was There for Bust
ness-Case Goes Now to Supreme Court.

ACoo-S0SS
Washington, Jan. THE court of
Appeals of the District of Columbia to-
| day rendered an opinion sustaining
| the decision of Judge Cole in the case
OF Chapman and Mccarthy, the stock
brokers who refused to testify before
| the sugar investigating committee, re-
garding individual speculations through
| their firms. Judge Coles decision
overruled the demurrer filed by the
and the case will now be appealed to
the United States supreme court.
The three principal questions invol-
we'd, the court Of appeals stated in its
opinion, were the constitutionality of
section 102 Of the revised statutes on
which the indictments were based (;
whether the inquiry was within the
power Of the senate to execute by re-
quiring witnesses to appear and wheth-
er the questions were pertinent to the
inquiry. All of these questions the
court answered adversely TO the brok-
ers. No doubt was entertained by it.
the court said, as to the validity of the
section which embodied the provisions
of the act of Jan. "a, 1857. 1t was not
reported that the defendants belonged
to that class of witnesses exempted by
article 5 of the constitution. The act
must not be condemned as unconstitu-
tional, if by any reasonable construc-
ton Of its terms it can be maintained
as constitutional and valid. The con-
tention that that act was an attempt
by congress to delegate it's power and
jurisdiction, or the power and 1urisdic-
ton of the several houses to punish for
contempt. to the courts, and that there
fore the statute is void, is not acceded
to by the court, as the statute has
never been understood as having any
such purposes. The effort to show the
statute void is pronounced an utter
failure.
AS to the power of the senate to COM
pei witnesses to testify, the court said
it experienced great difficulty in dis
tinctly marking the boundary within
which either house can act with coer-
Give power to compel the disclosure Of
facts deemed important and Of delim-
iting the rights of the citizens to ex-
emption from inquiry into his private
affairs.
The subject matter of the cases i'm
mediately and most seriously affected
the senate and the great legislatiev
trust confided to it's members by the
some of the members was openly and
seriously questioned in manner we'll
calculated to destroy public confidence
and bring odium on that important
branch of the government.
There was no pretenSe that to ans
wer the question would criminate the
witnesses in and way and 1t was their
cellar duty as citizens to obey the alw.
The refusal was at their peril and they
must abide the consequences provided
by the statute.
The court cannot assume that the in
vestigation was intended as a mere
idle, prying proceeding without any
ultimate aim or object. The question
had reference to and sought to elicit
whether the brokerage
firm sought or sold sugar stocks in the
interest of any senators or were carry
ing such stocks for such senators.
Such inquiry was plainly in the scope
Of the senate committee. The Ques-
tons set out in the indictment and
which the appellants refused to ans
wer was all pertinent to the inquiry.
1.-The Indictment" concluded the |
court, lis good and sufficient and the |
demurrer thereto was properly over |
ruled by thee curt below and the judg- |
ments entered on the demurrer in both |
cases must be affirmed"
Chief Justice Alvey delivered the |
opinion.
Sandow is the strongest man. DR.. |
Prices is the Sandow of baking pow |
ders.