The Birmingham age-herald., 1907-11-14
SHARP ARGU WENT OVER
 HARRIMANS PURCHASES
CONTINUED FROM PAGE |,

question before your honor is whether or not power to make the inquiry involved in these proceedings is vested in a subor- dinate, an inferior body like the inter- state commerce commission, whose power is purely a delegated one. I will never concede to the proposition that The inter- state commerce commission is the equal of Congress-
 MT. Milburn asserted that the Union Pacific had the legal right to pur- chase stock in other railroads; it had the legal right to buy Illinois Central stock from MT. Hartman, and Mr. Hartman had the legal right to sell it. The transaction was authorized by the executive committee, adopted by the board of directors and ratified by the stockholders. The transaction was all set forth in the minutes of the con- pany in perfectly regular way.
 Private Business.
 MT. Hartman was asked when he bought the Illinois Central stock.
 ''lf that is not q matter of private business. what can be private busi- ness?" demanded Mir. Milburn. "It was not until nine years after Mir. Hartman bought his Illinois Central stock that he sold it to the Union Paclhc at the marke price,
 Judge Hough interrupted MT. Mil burn to ask if he did not understand that the interstate commerce commis- sion was endeavoring to elicit from Mr. Hartman the facts as to whether or not he individually made large sums by the sale of stock to a corporation in which he was director.
 Broadly, that seems to be true" re- piled the attorney, "and the question here arises as to whether or not MT. Hartman is protected by the constitu- tion from answering such interroga- tions."
 But" said Judge Hough, "the ground of your objection as it appears in the record is that the subject matter of the inquiry Is irrelevant and imma- terial. I cannot find that q constitu- tional privilege is claimed"
 "It is not" said Mir. Milburn. "We merely claim that the interstate com Inerce commission has neither the right nor the power to make an inquiry of the scope attempted. Underlying the whole case, however is the funda- mental right of an individual protected in his liberty of action by the consti- tuition of the United States"
 A Pertinent Question.
 Judge Hough desired to krow if 1t was contemplated that Congress could enact legislation upon answers to the questions propounded to MT. Hartman.
 "We contend that Congress, accord ing to the decision of the supreme court in the Kilburn case in the District of Columbia, has rot the power to legis- late to the extent of administering q mans own private business affairs" re- piled MT. Milburn, land where Con- gress has not the power to legislate. certainly, it has not the power to in- vestigate."
 "The interstate commerce commission is only given power to enforce the proVi- sions of the act which are set forth, said Mr Milburn. Tt is not a judicial body nor has it a rowing commission to reform the universe
 Former Senator John c. Spooner, in opening his argument, pointed out that there was no question of constitutionality of the interstate commerce act involved
 of such a question had arisen" he said. ''I would not be nere. inasmuch as I had q part in the framing of the act It is question of the construction that we contend for, construction of it which will eliminate all doubt in respect to the power of the commission in a case like this.
 ''The state fixes the amount of capital stock of a corporation; Congress cannot. The state may repeal corporation charter ( -9not. The state may reo,ira lirector shall onanI, or business deal tngs ,.,itI ith which he ia come, vernment has m such Mr. Spooner.
 "can Congress has