The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-03-04
HARD blow At RAILROADS
Decision Putting Vigorous Life Into
the Interstate Ack
RATES MUST ALWAYS BE EQUAL
The Supreme Court Declares Strongly
Against Discrimination - Witnesses
Can't Shirk-FaiIine to Answer They
Will Be Promptly Sent to Jail.

Washington, March 3.-One Of the
| most important decisions ever made by
the Supreme court was handed down
today. 1t will put new life into the in
terstate commerce act and create a
great sensation in railway circles. The
power of the government to compel
witnesses to testify or to send them to
Jail will be established by this de-
cison.
The United States Supreme court to-
day announced a decision In favor Of
the government in the famous Brown
| case from Pittsburg. This is an inter-
state commerce case. Upon the deci-
sion rests the power of the government
to regulate commerce. Heretofore the
government has been unable to compel
witnesses to testify. Thus it's attor-
neys We're unable to secure evidence to
enforce the laws regulating commerce.
Hereafter any man, no matter who he
is. can be required to give evidence.
even If 1t incriminates himself. If he
| refuses, he can be sent to jail for con-
tempt of court. to remain until he
changes his mind.
A witness. however. giving testimony
against himself Is by his own voice abb
solved from guilt and cannot be pun
| ished. but his evidence can be used
against his associates. This was the
aim of the act Of Feb. II. 1893, which
| was passed especially for the aid Of
the interstate commerce commission
This act of Feb. II is wholly sustained
and declared constitutional by the
forthcoming decision. 1t was the real
point at issue.
STORY OF THE CASE.
Theodore +. Brown, of Pittsburg, au.
III tNN., ~ q AINn NnIu.
was summoned before a grand Jury in
the United States district court at
Pittsburg May last to testify in rela-
tion to charges of rate discrimination
made against Edwin X. Bates. general
freight agent. and Thomas X. Robin
son, treasurer OF the Allegheny Valley
company. Brown rested on his alleged
constitutional privilege of silence and
was committed to Jail for contempt Of
court.
A writ Of habeas corpus was secured
from the Circuit court, and on the pro-
duction Of Browns body before that
court Sept. II, 1895, the court sustained
the district judge, declared that Brown
| act of Feb. II. and reoOmmitted him to
jail. Then Brown appealed to the
United States Supreme court and gave
bail. On account of the far reaching
| effect of the decision the case was ad-
vanced on the docket and argued and
submitted Jan. 23 The decision sus-
tains the ruling of the district and cir
cult courts and recommits Brown to
Jail.
| The effect Of this decision on railways
can scarcely be realized. Year after
year with increasing audacity they
have violated the interstate commerce
act. They have granted rebates to fav-
ored shippers with immunity. They
have made special rates and conces-
| sions in defiance of the law.
INSOLENCE SHOWN.
When brought into court they have
said: 1--WE refuse to testify or produce
| our books. because the evidence would
tend'to criminate ourselves" Without
this evidence the government has been
unable to convict hence the interstate
commerce act has been q dead letter
and the committee little more than a
bureau Of railway statistics. The COM
mittee has been able to report the mile
age of railways built each year and the
number of passengers killed. but
whether n small and helpless shipper
was getting the same rates as the
strong corporation it was unable to
| know, and II 1t did know 1t was help
less 10 interfere.
So for all practical purposes the in
terstate commerce act was vitated
and nullifled. It's vital object, to pro-
tect the weak shippers and insure alb
solutely honest, open and fair rail-
road rates, was impossible Of achieve
ment.