The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1905-11-06
ARGUMENT IS HEATED
WARM CONTRovERsY BEFORE COM
MERGE COMMISSION.


v Z
ny n n. watkins.
washington. Nov. 5.--fspeciai. )--Had
the Interstate Commerce Commission
powers. George B. Robbins, President
OF the Armour Car Lines would now
probably be In jail for contempt. for.
after an exciting day Friday he de-
clined. under advice Of his counsel, to
answer the questions put to him by the
commission or its counsel on the ground
that IT had no Jurisdiction over the
car lines. The attorneys for the car
lines have long tried to get an order
out of the Commission which would
enable them to take the matter into
court, but as often as they have tried,
the Commission has evaded the issue
and the hearings have continued In va
rious parts of the country
Finally 1t was apparently determined
to hurl their defiance in the teeth of
the Commission by advising Mr.. Rob-
bins not to answer their questions In
the hope that the Commission would
appeal to the courts for an ordef COM
Polling him to answer.
A most animated argument took place
between the counsel for the Commits
sion, counsel for the Armour Company
and the Southern Pacific Railroad. and
the Commissioners themselves, over the
question of whether Mr.. Robbins was
compelled to answer questions relating
to the private business of the car lines,
The Commission took recess to decide
whether they should order Mr.. Robbins
to answer, and 1t Is reported that quite
difference Of opinion existed over this
question.
Chairman Knapp Ia said to be of the
opinion that the Commission is without
jurisdiction under the law as 1t now
stands When the Commission reas-
sembled he was not present and Com
missioner Clements, acting as chairman,
directed Mr.. Robbins to answer, which
he declined to do under advice Of coun-
sci and there the matter rests.
In the course OF the argument there
was an interchange of cou:.esies be-
tween the Commission and the attor-
neys for the Armour Car Lines In which
charges and counter charges were made
OF playing to the galleries" and of at
tempting to make political capital" out
of the hearings.
Counse. Reichman openly charged
that special counsel J. H. Call, of Los
Angeles, for the Commission, was at
tempting to further ais political aspir-
atfons by the line of questions he pro-
posed to ask, which Mr.. Cali heatediy
denied.
Mr.. Reichman stated that 1t was high
time the Commission should make such
a ruling as would permit the car lines
to take the matter into court and get a
decision on the point of jurisdiction and
broadly intimated that the Commission
was mercy rehashing testimony to keep
the matter before the public. Counsel
Dunne, Tor the Southern Pacific. stated
that the issue was clearly defined and
that something should be decided.
Later when the commissfonA had
ordered Mr.. Robbins to reply arkd he
had refused, Commissioner cierNents
introduced copy of the telegr3phic
code book of Armour and Company
Attorney ORION was Immediately on his
rect denouncing the presentation of this
book, stating that 1t had been stolen
from the company and the effort of
the commission to produce it again at
this time was in violation of the con-
stitutionai rights of his clients.
Commissioner Cockrell thought it had
not been stolen, but the employee who
gave IT to the commission had forgot
ten to return It,"
II that Is not embezzlement" in
terrupted Mr.. Dunno, then I don't
know the meaning OF the term"
Commissioners Clements continued
reading from the book but counsel for
the car lines raised strenuous objec-
tions to the introduction of stolen evil
dence" and openly stated that the only
object the commission could have in
asking such questions was to infiame
the public mind.
Mr.. Urion further pointed out that
when the book was originally pro-
duced at Chicago the commission had
adjourned until the afternoon and when
they had appeared with their witnesses
at the time and place appointed. the
commission had skipped out, to bring
the matter up now when they were not
ready to meet IT, their witnesses being
In Chicago.
Mr.. Dunno also set forth that as the
commissioners knew they would get no
answers they continued their questions
only to get them in the record and
submitted that was scarcely a dignified
course for the commission to pursue.
In the face of these representations the !
commission ceased it's questioning and |
excused Mr.. Robbins.
Later in the day another contuma-
cious witness was encountered in the |
person of William Sproale, traffic mana
ger of the Southern Pacific when the |
counsel for the commission sought to |
question him as to the famous Paul |
Morton contract to maintain freight |
rates. Council Dunno went up in the |
air at this and pointed out to the COM
mission that President Roosevelt had /
already given Mr.. Morton a clean bill |
of health; on his recent Southern trim
had expressed himself in favor of |
limited competition. Commissioner
Prouty said he was personally Inclined
to favor limited pooling but he did not |
think the President sanctioned viola
lions of the law.
Under the advice of Mr.. Dunno. MIR.
Sproale refused to answer any ques-
tions on this subject and the commits
sion adjourned to some time in the
future. 1t is not believed the COM
mission will appeal to the courts as |
that would bring before them the aues-
tion of Jurisdiction. On the contrary
it is expected the taking of testimony
will continue from time to time |
the winter.