New-York tribune., 1908-11-10
PRISON FOR TWINING
Highest Court Afrms His ConT1c-
ton and That of j. {. Cornell.

vy-ssb,,r-or Nov q-The Supreme Court OF tbs
United States Today affirmed the decision OF the
Court o. Appeals Of New Jersey sustaining the YER
dict Of the Monmouth County Quarter Sessions con-
1-cting President Albert C Twining and Secretary
David c Cornell Of the Monmouth Trust and Safe
deposit Company IF deoeiving state bank exam
iner as to the condition of their institution
The defence argued that, under the federal Con-
stitutien. they exempt from the compulsory
sef-incrimtnaticn 10 which they said they had been
Subjected by the state authorities, hut justice
Moody speaking for the court. held that II this ex-
er1pion existed ali, II incident To state and
not 10 national, citizenship Justice Harlan oeiiV-
er>d dissenting opinion.
In his opinion. Justice Moody discussed the ques-
ton whether Twining and Cornell had been deprived
of their Constitutional rights Of due process or law
"Sautary as the principles may seem 10 the great
majority he said. 1t cannot he ranked with the
right TO hearing before condemnation. the imrnu-
nifty from arbitrary power. not acting by general
laws and the invioability o. private property Inc
states had guarded the privilege to the sausfae-
ton Of their people up 10 adoption OF tne cur
teenth Amendment. No reason is presented why
they cannot continue 10 do 50. TIE power Of their
people ought not TO he fettered. the sense or re-
sponsibility lessened and their capacity for sober
restrained self government weakened by forced con
str7ction Of the federal Constitution II the people
Of New Jersey not content with the law as
declared in repeated decisions Of their courts the
remedy is in their hands They may. If they SO
choose alter ii by legislation, the people IN
same ruling
Justice Harlan's dissent was eouched in strong
Language he declared that If the principles emu
Tnerated IN the controlling opinion we're correct,
there was nothing in the federal Constitution that
would prevent a state government from inhicting
punishment by means Of the thumhscreW or the
rack and ne said he vas convinced that II this
ruling VAS 10 prevail il would be impossible 10
Inset zuv such law providing for such punishment
He announced II 10 be his judgment that immunity
from sef-incrirnnation is protected against not
only hv the CLAUSE of the Fourteenth Amendment
rrohihitng the abridgrnent Of privileges and i'm
r7rnties Of citizens Of the United States by states
but hv the other clause n the same amendment
guaranteeing due process Of law 70 al cluzehs-
! cannot" said Justice Harlan. support any
Judgment declaring that immunity from seif-ln-
elimination is not one of the privileges or 7nmuni-
ties Of national citizenship part Of the liberty
guaranteed by the Fourteenth Amendment viii
never agree that compelling Of q citizen - the
United States when charged with crime TO be
witness against hmself-a principle which this
court has said abkorrent TO the instincts Of
Americans and contrary the principles Of free
sovernrnent-rnay he made the law of state, en-
forcible against citizens of the United States. No
decision heretofore rendered requires, submit.
that this court should now a6ju6ge; nor need
such q Judgment he rendered if the court Is
Of opinion that what occurred in the state court
cid not in Law violate The privileges Of immunity
from self-incrinination.''
Asburv Park. Nov. e-Aibert {. TWinng. presi-
dent Of the defUnet Monmouth Trust and Safe De
post Company sentenced 10 six years innprisen-
ment and David =. Cornell The treasurer. 10 three
u is probable that both viii be arrested imnae-
diatelv by state authorities
The Monmouth Trust and Safe Deposit Company
failed on February 1S 1915. few hours after the
closing Of the doors Of the First National Bank.
TWining and Cornell were sentenced at Freehold