The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-20
POLK ADJUOCED GUILTY.
General Manager Of the G., {. end S. r.
Was Fined Fifty Dollars
At ONCE DREW A CHECK FOR THE AMOUNT
Argument of Attorney Terry why
Colonel Polk Was Not In Contempt.
A Statement of the Case.


A Statement of the Case.
Austin, Texas, December 19--The case
of Elk parte Colonel l.. j. Polk. general
manager OF the Gulf, Colorado and Santa
Fe. was taken UP and disposed of by the
railroad commission today. Colonel Polk
had been cited to appear to show cause
why he should not he adjudged in con-
tempt because OF certain language used by
him in letter addressed to the commits
sion October 2s concerning an emergency
rate Of s cents on oats. In said letter
Colonel Polk charged that the commits
sion was too partial and credulous when
listening to the demands Of the grain men
and that 1t had been moved to put in the
rate complained Of by nothing short of a
fixed determination TO ignore all evidence
save that emenating from Sherman. the
headquarters of the Grain Dealers asso-
citation, regardless Of the most convincing
arguments on the other side and OF all
principles OF justice and fair dealing. He
also charged that the commission had
by the statutes to compel the railroads
to make good to few grain men losses
incurred through injudicious speculation
and appended a letter from Sealy and
Early Of Waco addressed to the general
freight agent of the Katy containing the
following This looks to US very much
like the railroad commission had gone
into the grain business for no other rea-
SON than to spite the railroads.
November 8. the commissioners wrote
Colonel Polk. stating that his letter con-
tanned matter so offensive that they felt
1t their duty TO inquire whether he did
not wish to withdraw it. In reply Colonel
Polk wrote: Il have no desire to avail
myself of your offer and must respectfully
decline to do so. The letter in question
was not written in the heat of the mo-
ment. but was calmly and deliberately con-
sdered''
The citation to appear as above stated
followed. Respondent was represented by
General Attorney Terry of the Santa Fe
and the prosecution was conducted by As
sistant Attorney General Ward. Mr. Ter
ry fled a demurrer TO the proceedings and
the day was consumed in arguing the ques
tion of jurisdiction
Late this afternoon the demurrer was
overruled and respondent stated that he
had nothing else to offer and the commits
sion reserved its final decision until to-
morrow morning. Subsequently, however.
the commission informed respondent
through his attorney that he would be
adiudged guilty and that a f1ne Of $50
would be assessed against him Tonight
Colonel Polk drew check for $50 In favor
Of the secretary OF the commission and
returned to Galveston and the incident was
closed
Colonel L. j. Polk. general manager OF
the Gulf. Colorado and Santa Fe railroad,
accompanied by his attorney, Mr.. ]. w,
Terry, appeared before the railroad COM
mission this morning in obedience to a
citation served upon him two weeks ago
to show cause why he should not be ad-
judged in contempt of that body because
of language used by him in a letter ad-
dressed to members thereof some time ago
about an emergency rate for the trans
portation OF oats TO Galveston. The State
was represented by Messrs. Ward and
Simmons.
Mr.. Terry demurred to the proceedings
and argued that the letter written by Mr..
Polk was not subject matter for con-
tempt even II the commission had power
to punish in the premises, which he de-
MED. Courts only have the power to so
punish, he declared. and he had only been
able TO find three cases where they had
attempted in the United States to punish
any one for writing letters to them. The
commission. he maintained, derived its
power from the legislature, which has only
a limited authority to punish for con-
tempt, which authority it can not confer
upon its creatures to a greater measure
than is possessed by itself. He read State
and Federal authorities to sustain the
contention that the writing and mailing
OF letters to judges criticizing their de-
cisions or even insulting them does not
constitute contempt. Interference with
court proceedings or offensive papers re-
ferring to matters pending before court
or the publication of matters tending to
interrupt cases on trial constitute con
tempt, according to Mr.. Terry's argument
Taking up the correspondence between Mr.
Polk and the commission he maintained
that of the letters written by Mr.. Polk but
one contained criticisms of the commits
sion and that one had been written after
the commission had finally disposed OF the
oat rate, which was the bone of conten-
ton, and at a time when the commission S
authority to punish for contempt had
ceased.
In conclusion. Mr.. Terry denied the
commissions judicial powers and called
attention to its lack of bailif, and asked
II II proposed to arrogate unto itself legis-
latiye powers also and to supply itself
with the hailif or sergeant at arms which
the legislature had failed to provide for.
Who was to execute It's Judgment In this
case. he wanted to know. should the de-
PENDANT be found guilty and into whose
custody was he to be delivered?
ON the part az the commission Mr..
Ward contended that the commission had
been by the legislature clothed with the
necessary judicial powers to enforce the
commission law and that the constitution
conferred upon the legislature the power
to confer such power upon the commits
sion. There was no invasion OF the prov
ince of the judiciary in this matter, as IT
was one over which the courts have no
| jurisdiction II was matter the deter
mination of which had been placed ex-
| clusively in the hands Of the commission
by the legislature and to determine which
adequate and advisable power had been
| conferred Referring to the question OF
contempt Mr.. Ward drew the distinction
between contempt committed In the face
of the court and constructive contempt
| maintain that a court loses its authority
| to punish for contempt only after case
| has been finally adjudicated and has passed
beyond the Jurisdiction OF the judiciary.
Land the time for taking an appeal has