New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-03
TRUST INQUIRY BLOCKED.
Continued from first page.

ouch examination all contracts and agreements
OF the American Ice Company with the compa-
mics which were combined to form II. He then
adds:
Application has been made to Justice Chase to
stay proceedings under said order and TO vacate
the same. and application has been made to said
referee to suspend said proceedings until a mo-
ton can be made to vacate said order. but said
application has been denied. and have already
attended before said referee. pursuant to such
order and produced papers and documents called
for thereby, and my further examination has
been adjourned until June 6. 1900. and therefore
has not yet been concluded; said order and the
proceedings Hereunder taken without au-
thority OF law and without jurisdiction. and are
and will be oppressive to me.
The proceedings purport to be taken under
Chapter $50 of the Laws of 1890 The language
of this statute works unconstitutional de-
privation of liberty and property without due
process Of law Numerous contracts affecting
competition and always have been perfectly
lawful: 1t therefore seeks 70 deprive persons
affected OF rights of liberty and property with
out due process, and TO deprive them or the
equal protection of the laws and is contrary to
the Constitution Of the State and to the four-
teenth Amendment TO the Constitution OF the
United States.
The petition of the Attorney General omits to
state any facts within the foregoing statute. II
does not show that any of the things prohibited
by said statute have been done, or that they
have been done within the State. or have had
effect within the State. There is no statute
even purporting to authorize examination
such as the present in aid Of an action or the
character which the petition or the Attorney
General states that he has determined TO bring.
Wherefore / pray this court will exercise the
jurisdiction and authority conferred upon II by
law and issue a writ Of prohibition directed 10
the said Myer Nussbaum. referee, as aforesaid,
and TO said John c. Davies Atorney-6eneral
of the State of New-York. prohibiting them from
further proceedings under said order. signed py
Emery A. Chase, Justice Of the supreme Cour
dated May 2S 1900. and for such other relief
may he just.
The other affidavit. that of the American Ice
Company, is signed by John D. Schoonmacher
vice-president Of that company. The af11davits
terms are nearly all similar to those used in the
affidavit OF Mr.. Morse, except that the following
paragraph occurs in 1t:
The petition of the Acknowledgement, as al
ready said, states that II Is contemplated 10
bring an action against your. petitioner for a
penalty or forfeiture, and in addition your Pc
1itioner is subjected by said statute TO crlnlnal
action. providing that the facts bring IT WITHIN
The statute: immunity is sought to be given to in
dividuals testifying on producing papers under
the statute, but there are no provisions o. that
sort with regard to corporation: Under he
order il is sought TO compel the officers OF your
petitioner testify to its affairs and TO pro-
duce its books, papers or documents for the pur-
pose OF aiding the Attorney-General In the prose-
cution Of an action for penalty or forfelture ana
of disclosing facts which it is claimed will sub
5ect YOUR petitioner TO prosecution in a criminal
action The statute and these proceedings there
under are therefore contrary TO the provisions OF
the Constitution OF the State of New-1ork that
person shall be compelled in any criminal
case 10 be a witness against himself and are
contrary 20 the requirement of the Fourteenth
Amendment of the Constitution of the United
States that no person. shall be deprived of equal
protection Of the laws.
Mr. Wilcox the counsel of the American Ice
company. started upon his return trip to New
York with the writs of prohibition this after
noon.