The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-03-04


Incriminate Taenseives-In This Wa
They Have Covered Up Their Discrimi
nations and Rebates but it Must Nov
Consolidation win Work Wonders, i
is Said.
Washington, D. c., March 3.-The su
preme court will soon hand down de
cision which will be hailed as boon b!
all troubled with discrimination il
freight rates. 1t will announce a de
cision in favor Of the government II TIT
| famous Brown case from Pittsburg
This is an interstate commerce case
Upon the decision rests the power o
the government to regulate commerce
| Heretofore the government has beer
| unable to compel witnesses to testify
Thus its attorneys were unable TO Sc
| cure evidence to enforce the laws regu
| latTng commerce. Hereafter any mar
| no matter who he is, can be required &
! give evidence, even if ii iDcriminate:
| himself. If he refuses. he can be SEN
! TO jail for contempt of court, TO remain
until he changes his mind.
A witness, however, giving testimony
| against himself is by his own voice alb
solved from guilt and cannot be punish
ed, but his evidence can be USED
| against his associates. This was the
aim of the act of February II, 1893
which was passed especially for the aid
! Of the Interstate comerce commission
This act of February ii is wholly sus,
| tanned and declared constitutional BY
| the Forthcoming decision. 1t was the
real point at issue.
Theodore F. Brown of Pittsburg, au.
ditor of the Allegheny Valley railroad
| was summoned before grand jury in
| the United States district court al
| Pittsburg May last to testify in rela-
! t;cn to charges of rate discrimination
| made against Edwin r. Bates, general
| freight agent, and Thomas r. 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 September IL, 1895, the court sus-
tanned the district judge, declared that
Brown was compelled to answer under
the act of February IL and recommitted
him to Jail. Then Brown appealed 10
the United States supreme court and
gave bail
On account Of the far reaching effect
Of the decision the case was advanced
on the docket and argued and submit
ted January %. The decision sustains
the ruling of the district and circuit
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 impunity. They
have made special rates and concessions
in defiance of the law.
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 a
dead letter and the committee little
more than a bureau of railway Stats
tics. The committee has been able to
report the mileage OF railways built
each year and the number OF passen-
gers killed, but whether a small and
helpless shipper was getting the same
rates as the strong corporation it was
was helpless 20 interfere.
So for all practical purposes the inter
state commerce act was Initiated and
nullified. Its vital object, to protect
the weak shippers and insure absolute
ly honest, open and fair railroad rates,
was impossible of achievement.
Possibly the most daring diSObedience
of this law was the organization last
fall of the Joint Traffic association.
comprising all the railroads between
the east and the west, owning and OPP
Grating over 10000 miles of railroad.
capitalized at nearly one thousand mil
lion dollars.
Then men who organized this giant
pool had the temerity TO say in the first
breath of their formal agreement that
they had organized Ito aid in fulfilling
the purposes of the interstate commerce
act" when, in fact, they were uttering
one OF the most fragrant violations of
that law ever attempted. The govern
ment, on motion, has sued in the Unit
ed States courts of New York 10 dis
solve this association and Attorney
General Harmon has been waiting six
weeks for the Brown case to be decided
that he might know whether the law
was to live or die.
William r. Morrison. chairman of the
commission. has said in his reports and
in a recent communication TO congress
that the power OF the government TO
prosecute and the life or death of the
law depended upon the present decis-
ion. Now that II is to be made in the
favor the interstate com
merce commission will enter upon an
era of activity that has never before
been possible. Freight agents and
traffic managers. the smooth manipu-
lators of rates, will weigh the cost be-
fore they grant a discriminating rebate
or secretly cut a rate. The inside
coal companies and other corporations,
distinct but inwardly COM
posed Of the very men who grant them
favored rates, will have to come out in
10 the open and do business like the
simple shippers without influence. Thus
enc Of the curses Of the railroad bust
ness can be controlled. if not eradicated.
When Brown was called before the
grand jury in Pittsburg the question
asked him was this;
DO you know whether or not the Al
legheny Valley Railway company trans
ported for the Union Coal company.
through the months of July. August and
1924, coal from any point on
the low grade divisions or said railroad
company - Buffalo al less rate than
the established rates in force between |
the terminal points al the time of such
transportation
Mr.. Brown replied:
with all respect 10 the jury. refuse I
II answer. on the ground that my ans ,
wer would tend TO accuse and incTimi- I
nate myself
Another question about the granting !
II rebates. commissions or drawbacks /
l.
refused 10 answer. fo, the same reason. /
The grand jury appealed 10 the court /.
and II commanded Brown 10 answer ur-
Ter the act OF February H. 1885 This /