Every evening, Wilmington daily commercial., 1906-03-15
No. Ia Amnln Lnm.

Low tide tonight at-.... ~
There is Ample Law.
The two decisions handed down by the
Supreme Court Of the United States. on
Monday, in relation to pending prosecu-
tions of offenders in the Paper Trust and
the Tobacco Trust, are not only of great
interest, but of ior-rcaching Importance.
The titles of the Tobacco Trust cases
were: Edwin f Hale vs.. United States
Marshal HenclSel, and William H. Nc
Alistor VS. HenclScl, and both came TO
tho Supreme Court on appeals from the
United States Circuit Court for Che South
ern District Of New York The cases
involved the broad question OF the right
Of Ieaepl grand jury TO compel Wit
nesses TO answer questions, and as this
question has recently arisen in many OF
the Federal courts, the decision in This
case has been looked forward to with
much interest
The present proceeding had its origin
in connection with a suit Of the govern
ment against the American Tobacco Co.,
commonly known as the Tobacco Trust,
the McAndruws q Forbes Co. and the
Imperial Tobacco Co., under the Anti
Trust law, which was instituted In the
Circuit Court of the United States for the
southern District of New York. Hale
and McAhster are officers Of tobacco COM
panios and when called TO testify before the
grand jury, relative to the existence of the
ro-called Trust, they refused % answer
questions or 20 produce their books They
were committed for contempt of court,
and sought TO escape by means of writa Of
habeas corpus. These wnts were refused
and the case was brought to the Supreme
Court by the deiondants In the hearing
they attacked the jurisdiction OF the grand
jury and contonded that at the time they
were before the jury there was no action
pending against the tobacco companies
The iuy's right TO compel answers was
questioned ON the ground that in the in
vestigation 10 was making there was no
specific charge against amy particular
person. They also attacked the consti-
tutionality Of the act of February 25th,
1908, granting immunity TO witnesse.
in antitrust eases
The Paper Trust cases involved the
same contention as to the right to compel
witnesses to answer
Tho court in each opinion, upheld th,
contention of the government that me-
immunity extended to the officials o
these corporations who had, by the adj
vice Of counsel. rofused TO produce cor
poaiion books and accounts for use II
the trial OF the proceedings institute,
against them. and also had refused 9,
answer questions put to them concerning
the business transactions of these cor
porations.
The opinion Of the Supreme Cour
diHerentiates between the constitution
guarantees of immunity ia the case q
individuals and the claims advanced by
corporations 20 similar immunity de
ciding in effect that as the corporation
gets its life irom the State Il IS rgh
OF the State 20 demand such information
concerning its affairs as may be decme
necessary for the public good The com
also upholds the rights of grand iunes &
have access to this kind of evidence.
The importance of these decisions he
in the fact that they sustain the sua
cheney of existing laws the Anii-lws
law and the Interstate Commerce law
for prosecuting offenders Tine clamo
has been raised chat RAILROADS. may gran
rebates at Will and also exercise opprc.
siyc discrimination iu tho mattor of ireigh
rates. without danger of successful pros,
cution These arguments lom the has
Of the campaign now in progress TO sccur
the enactment by Congress of lai
clothing the Interstate Commerce Con
mission with power 10 practically cstal
lsh the rates OF freight that may
charged by the railroads Of the counti,
thus virtually placing the latter und,
government regulation and control.
But the supreme Court decisions knoc
the bottom out of this contention. The
establish the fact that existing laws al
sufficient and chat an that Is needed
their adequate enforcement The supnu
Court has stripped the Trust officials
the impeuetmhlo immunity n wme
they essayed 10 clothe themselves wh,
brought into court and called upon
testify as 10 their proceeding lt So.
that they must answer an proper que
tions and testify as TO essential facts
These decisions should domuoh towar
disapating the clouds Of misInlomatt
and misunderstanding thar So long haI
-gIe- this question. No longer m.