Daily press. [volume] (Newport News, Va.) 1896-current, 1907-11-13
Proceedings Brought by Interstate
Commission VIII Come Up Today
BsfoPe New York Judge.
DEFENDANT QUESTIONS LEGALITY.
Claims Commission Had No Right un.
der the Ac, Tina, Created !. to ASK
Him to Make DISCLOSURES That They
Did - Contentious OF the commis-
nission.
(ny AasocIntesl preasl


NEW YORK, Nov. 12-'The reasona
given by Il. H. Hartman aa to why
No should not answer certain cues-
tc1s put To linn during an invcstiga-
ton by the Interstate Commerce Com.
mission are set forth In n briof which
has been nlcd by Former judge Low.
ct. COUNSEL for MIR. Hartman. Tho
proceedings brought by tho commits
Sion TO compel Mr., Hartman TO nm.
swcr tho questions Is TO como up he.
foro Judge liough oil tho Supreme
court tomorrow. Tho principal point
i'll tho brief is the contention that
inc acts conccrning which Mr. Hny-
rlman was questioned did not relato
10 interstate commerce. nor to yio-
.'Iion oil tho Interstate commerce law.
put were designed TO compel dis.
closure ny him OF transactions for
wnieh mad they taken place. mother
lhc commission nor tho Congress on
The United States could afiord n con.
siitutional remedy"
me brief also sets forth that MIR.
iinfrlmnn doea not admit tina. tho
ln.e'Ntatc commerce Commission han
any powers other than those confer,
red by the act OF Congress approved
FEBRUARY 1857 und statements
thereto.
The question 10 which Mr. HART.
man OBJECTED related TO the purchase
or The stock OF other roads in the In
terest of the Union Pacific and 10 tho
payment of dividcnds and moro mar.
ticularly to tho S2S.O00o00 at tho II.
llno's Central purchased at SIZE
share.
Contentious of the Commission.
II Is declared In tho Federal brieP
init under Section IL of the Inter
STATE commerce net that the comnds.
NO" mas authority TO inquire Into the
n,'.I,as'Nicat or buslncsa OF all COM
panies doing mn Interstatc buenleea
ana under Section q is reouIred I'm
or hcfore December l of each ye,- ~
make and transmit to Congress- ,ts
report. Its report to contain sueb m,
formation and data collected Nv M,
commission as may be considered os
value the determination OF oucS-
IONS connected with tho regulations
OF commerce together with such re.
i"innlehqations rs additional ioHisln.
',on felaiins thereto as the conmis.
on may deem necessary, II 10 an
ther claimed that 1t mad haan haId
by tie Supreme Court of tho IInltej
states. that tho full information M.
cessary as basis of Intelligent Ieo,sI
lauon by Congress from time TO lime
0n the subject of interstate commerce,
cannot be obtained nor can the rules
established for the regulation az auch
commerce BIO efficiently enforced OH.
erwise thans through tho inst,1,mcn.
tally OF an administrative BODY rem.
resenting the whole country. a,wsy,
ior the general interests and charged
with the duty not only of obtainina
me desired information, but of com.
pelling by all lawful methods obodf.
ence to such acts.
| II is also claimed in the brief TINT
me ne commission has power to inquire
INTO the investments and financial on.
era'ions OF carrier engaged In 'jnter.
state commerce. Under this clausa
OF the constitution Congress may Gro ,s-,,
ate Interstate corporations. regulate
their capital. rates of transportation
the duties Of their officers, the rsla.
ton Of the line to other lines Of rail.
way. provide for rates OF dividend ana
dealings between onicinls ard tbe
company