The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1895-12-31
THE COMMERCE COMMISSION
Kcy'ew of Its Work Taken From the
Ninth Annual Report.
COURT DECISIONS AGAINST THE ACT.



VI to discussion Of the act, Its interpreta-
ton and intended application; and 1t may
be accepted az true that the objects and
requirements of this law sre thoroughly
well known to carriers and shippers ana
TO the public. Such discussion may well
give place. temporarily. to a consideration
OF tho means necessary TO make effective
and givn force to the law IN accordance
With the purpose of It's enactment. The
'lrst three sections declare tho PURPOSES
and objects of the net, while the subsc.
anent sections supply, or are intended 10
supply, the means for making 1t effective.
aifc'd remedies for It's infraction and pro.
vide penalties for Violating Its REQUIRE.
inents Tho hindrances to the execution
OF the net and obstacles which have pre-
vented and stan obstruct It's efficient en-.
iorccment ARE described In the third
year after the act to regulate CONNER CO
became q. law 1t vas held, in the United
States district court for the Northern
district of Illinois, Upon Indictment
| against common carrier. a corporation
that under the terms of the statute the
| corporation was not indictable The com.
mlission has several times recommended
to indictment according to the original
Intention of the law (and ave years have
| ELAPSED since this recommendation was
| first made), but this has not been done,
and, AS the courts hold, corporations arc
| not iudlctable.
the cases are rare and exceptional, n
not accidental. In which offenses made
misdemeanors by tho act can he proven
by other testimony than that Of one OF
the sullty parties. which testimony is
| provided for III section $50 OF the Revised
| Statutes The decision OF the supreme
| court In the ease OF COUNCILMAN, "A wit
| mesa who refused to testify before q grand
| jury on tho alleged ground that his ies-
tinouy would tend 10 criminato him.
| was thh section $50 Of the Revised stat
utes Is unconstitutional and void. The
| overthrow oi this statute which had been
| IN force Twenty-Five years and applied Ms
| wen 10 all other m.sdemcanors as TO those
| arising under the act to regulate com
| merce, rendered proof of guilt under the
| act imprncticable without further legislH-
| ton, and several pending indictments
| were necessarily dismissed. The supreme
| court said that, where testimony Of this
| character is required by law. the statute
must afford absolute immunity against
| further prosecution of the witness FOR the
| oifense to which tho question relates
| The commission recommended additional
| legislation IN conformity with that which
valid and an Eebrnary II iS6s snhssn,,ent
| to such recommendation, congress passed
az act-set forth IN fun in tho report +.
| snn nerson snail hn r,osormtn, ~, En- Ell Loo, y
cd to amy penalty or forfeiture for or ON
| account of amy transaction, matter OF
! Ain,,t n t,sar +, TO-. !, ~, INA il, iho
| United States district court for the North
| ern district Of Illinois, IN the case of one
on lilo gro,,nd tbet his tssfimony would
,a,s 10 sr nrn,,n,ta NM iS M ,he nj a,
F.h,,,nVs, ,sns IVA ra,,to va in'an,,
trha,x MI ,aNS 'e erIrnn,e ' H. "p
| 'n.s ,,,, ~, IN ~, ~, ,hnr, IN, an
| rc,,stttu,i,nni rho ,sov"rUment ,1nula not
npnrni Md Il was impossihlc 10 Obtain n
d,it -, ~ - n,,,,' ,,, 49,, tbs
| ,1nyt,nr ,,,,i !, r9,,1 la, ,aiaaI nnI !,
11,"rsn, MINI. sncyr,.d la an,,bar N,,is
Gir,,on The commission renortnd tn.
sncte i, rnmprese nnl totnmmN,iod thai
,sN'1 ~ i'sS n,,a M ~, liz th
suV NV W. "a.m ,,I ~ M ", n,,m,cnn
SSenri In such case. After delay o,
eutN W. Ht.,tT tnn mr'S
w. H., H., y, rheoiero T., ,trnwn WV"
~ w .'7, vi 1870 S ~ ,ittA' AZ,
| ,g,nuI t,rv Il, rs,aiInn ia 40 nliaeod .ty.
ipH of rsha,es ny cii,,ers OF 5h9 Ahega i,,i,
t, m,o ,a ,ns,in orv ni,ht tTnd 10 eri,ni
iNAt uts t'nH' wv i"ltnt LIZ, ~ ~, -,
nNte huNs1u' ,n,oW W. i us.u ~ w., 40,
,,Eupt IN tnV oI'',oY s,tstoingnd ~,
| tl's tunub Nu W., IN 49,, ~ r. hrt,a,.S
me r.rc'n' court am me ho' %! tNoru"
" ie". h9iu TonstitNtlunah ,m 49, Cd
TOW peuuluR w. w ~ i,,,,., '"u W, ',p
mas he'n sot uoWh lr nVuIi.ib ~ y"' w.,
my hrNl ~ ti'n unu'n' =, ~ ~ ,n
more lh0h I'VE years lAsi pasl !, nsS peVl
imrractfcRhic TO nutain testimony oi
which to enforce the penni provisions OF
the Hrl, lhousn lNM vun' .trs, ,p,n,
great importnnee nhNr pe,'h svV"'e" WY
testimony chSus' NV ao.'u.tt"i d., ,soa 70
IN 'he case OF hiliisssnil N,,V.i ~ 's'- ~,
fused 10 anhwef certain Questions ~
rounded by. The comnission' lue oo'i'il'is.
sion applied TO the intel STATES ,n,iSu
1onr, for the Northern uiH.h'' ~ i'unV ~
for an order coinpeiDE thh W.T. r. ~, "
answer and also TO nlchu'e Vri',ln wv"
mentnry :. evidence ,Mlno., nhu nnvn ",
: qhired. Inc enou' ~, eet,,hari,as ar ~,
fecthn y ot NY w., u 70 tha,r n,nnsss IL
auires the courts ,u W. nv tn,n,lr, 40 com
aid of INQUIRIES nsiVi' ~ ,i,utionai Nh.
morce commission ~ w ,,,,,, IA MAY
void. But the suprVnnie I'LL W., y, ,,,e 49,
1894. three nlemhets ais ~, .ki. rc,,,irc
this decision aha q, ne'u ,osn T., c c Win
re s Iin,ea States in he repor, 10 con
gress for iha, year, said tha, nus dsf o,,
was assentsd to ~ Nal Ply its tonsSournces ar,
Of o. ,n rea conn. "''' ''''' "
"a" The right of the commission. to 'n ,,n,
the mid or the courts IN s %nn Illus KS IS