Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-03-24
He MUST ANSWER
a Supreme Court Decision in the
Brown Appeal.
The Lower Court is Sustained IN
Finding the Defendant Not Elk
empt from Answering Questions
in an Interstate Commerce Case.

Washington. March pa decision
was rendered by the Supreme Cour, Of
the United States to-day in the case Of
Theodore f. Brown. OF the Allegheny
Valley road. involving the right Of a
court to compel an answer by witness
TO interstate commerce notwithstand-
ing he may plead self incriminaioE as
the result Of an answer The decision
was opposed 10 Browns contention
that he was protected by the consdtu-
ton from this requirement and the de-
cision Of the court below was confirm
ed. The opinion was handed down by
Justice Brown.
justices Field. Sairas. Gray and
White dissented. holding tina. ,he con-
stitutional priyis.on was sufficient TO
relieve Brown from the requirements
10 answer.
This case was advanced Oh The docket
OF the supreme Court on -hs motion Of
the attorney general made a, the in
stance Of the interstate commerce COM
mission. TIC was considered test case
and the claim was Sc, forth in a letter
written Tor the commission that large
number Of similar cases must wait up
on it's final decision by this court. The
case came To- the supreme Court on an
appeal taken by Brown from the decis-
ion of the Circui- Court for the western
distriC- OF Pennsylvania refusing TO
grant writ OF habeas corpus and arose
out of proceeding by the Interstate
commerce commission against the Allie
gheny Valley Railway Company. OF
which Brown is an officer. He was
witness before the railroad and jury for
the commission nthis case and refused
20 answer certain questions prOpOunded
20 him on the ground that in so doing
he might incrimi1ate himself. He was
then proceeded against for contempt of
court found guilty and sentenced 70
Imprisonment Mr.. Brown pleaded his
constitutional right of silence but the
statute Of February II. 1898. requiring
answers i'm such questions was invoked
against him. and held TO be valid by
the Circuit Court
About two years ago the Government
undertook 90 prosecute under the in,er-
State commerce law Mr.. +. p Bates.
general freight agent. and Thomas r.
Robinson. treasurer Of the Allegheny
Valley railroad. for granting rebates 20
certain shippers. Mr. Brown. the audi
itOr Of the road was summoned to tCs-
tify before the grand jury in the United
States District Court, but refused TO an
Swer certain questions on the ground
that the answers might inCriminate
himself. He was commanded by the
court 20 answer the questions under
the guarantee OF the law Of Congress
of February IL, 1898. but continued i'm
his refusal. He was then committed
Tor contempt. His attorneys applied TO
the Circuit Cour, for and obtained q
writ Of habeas corpus. on his appeal
ance before the court September II.
1895. the government again sock the
ground that DE should answC- under
the law Of February u. 1898. and The
court sustained the governments con-
tencion. Mr. Brown was accoICiugly
renanded. but appealed 10 rhe United
States Supreme Court for RELIEF. and
was released ON bond pending the final
action OF the latter court The govern
ment made an urgent appeal TO the SUI
preme Court for a speedy settlement Of
the case. and i- was advanced on the
docket and argued on the 23d day Of
January. CONGRESSMAN John Dalzell
and j. C. Carter, Of New York. comse.
for Mr. Brown. attacked the cOnsticl-
tionaliJy OF the act of February II. 1898.
while ex-senator EdmUnds. for the gov
eminent maintained its constitution
atty.