Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-01-08

The sugnr Investigation Gases Set
lied by tue Court.

Washington, Jan. THE court OF APP
prnls OF the District Of Columbia today
rendered an opinion sustaining thu de-
cisiou Of Judge Cole IN the case of
Messrs Chapman and Mccarthy, the
stock brokers who refused 10 testify
before the senate sugar Investigation
committee regarding individual specu-
la-luu with their nrms. Judge Coles
decision overrulcd Il demurrer filed by
the brokers to the government indict-
mcnt. The cases will now be appealed
20 the United States supreme court.
The three principal questions involved,
the court OF appeals stated in Its opin-
ion, were the cOnstilutionality OF sec
tion l02 Of the revised statutes,o on which
the Indictments were based; whether
the inquiry was within the power of the
senate to execute by requiring WILT
nesses to appear, and whether lnsttuc-
tons were pertinent to the inquiry. All
of these questions answered adversely
to the brokers' No doubt was enter
talned by 1t as TO the validity of the
section, which embodied the provisions
OF the act OF January "a, 1851.
1t was not presented that the de-
PENDANTS belong to that class Of wit
nesses exempted by article 1--WE OF the
constitution. The act, 1t was explained,
must not be condemned as unconstltu-
tlonal II by any reasonable construc-
ton Of Its terms ii can be maintained as
constitutional and valid. The conten-
lion that the action was an attempt by
congress- 10 delegate its power and
Jurisdiction or the power and the juris-
dictlon Of the several houses to punish
for contempt to the courts and that
therefore the statute is void, is not
acceded TO by the court as the statute
mas never been understood as having
any such purpose. The effort to show
the statute void is pronounced an utter
failure. As to the power of the senate
to compel witnesses TO testify. the court
said 1t experienced great difficulty in
distinctly marking the boundaries in
which either house can act with
coerclve power, to compel the disclos-
ure of facts deemed important and Of
dellmiting the rights of the citizen to
exemption from inquiry into his private
affairs.
The subject matter Of the cases, the
court then went on, Immediately ana
most seriously affected the senate it.
self and the great legislative trust CON
ferred on Its members by the people.
The dignity and Integrity OF some of its
members was questioned In a manner
wen calculated TO destroy public con-
hdenco and bring Odium on that i'm
portant branch OF the gOSernment
There was no pretensc that 10 answer
questions would crminate the witness
In any way and It was their clear duty
as citizens to obey the law. The re-
fusnl was at their peril and they must
abide the consequences prescribed by
the senate.
The court can not assume that the
Investigation was Intended as a mere
idle, prying proceeding, without an
ultimate aim or object The aues-
tons had reference 10 and sought to
elicit Information whether the broker
age firm had bought or sold sugar
stocks in the interests OF any senator
or were carrying such stocks for such
senators. Such inquiry was plainly
IN the scope OF the senate committee
The question set out In the indictment
and which the defendants refused TO
answer We're pertinent. and the in
dictment, concluded the court, Is good
and sufficient and the demurrer there
to was properly orerruled by the court
below and the judgments entered on
the demurrer In boths cases must be
affirmed.
chief Justice Alvey delivered the
opinion.