Newspaper Page Text
ROCK ISLAND, TLESDAY, JANUARY 12, 18t'2,
VOL XI, NO. 67.
Slngln Copied s Cents
Per Week ISM Cents
Whore tee is a Will
There is a. way.
1-2 Off. 1-3 Off.
On or about -Ian. 1 5th the New Lon
don Clothing Co. will begin to invoice.
Determined to make all goods into tj
money, the London inaugurates a force HWj
sale, which for upsetting of values re-
gardless of retailing of merchandise,
totally eclipses any special or even sheriff
or bankrupt sale Rock Island has ever )
known; and if
l-d-- OFF CO
from our already low prices, at w hich we
have this season as always undersold the
town, will entice you to buy an elegant
overcoat, suit, furnishing goods, or hats
and caps for little or nothing, and reduce
our mammoth stock to proper limits for
stock taking Jan. 1 5th, this cut will cer
ainly accomplish our point in view. We
resort now to the only plan the London h
sacrifice - jg
AND , El
Now is Your Time to Act, and
THROTTLED BY LAW
The Interstate Commerce Act
DECISION ET THE SUPREME COTJET.
tVhirh Knocks thn rcgs from I'mlrr the
Suit Against nuiiselinan and Others
The Constitution n Sclf-Ini-i-iiiiiiiating
Testimony .fudge ;rcsham O-irrruled
A Depredating Steer Causes Trouble
Jlftucen Indians ami Whites Confer
ences at tlie White Ituiie Oiliei.il Newt
"Washington', Jan. 12. The supreme
court vest ere", ey decider! u mc wLieh is el
fcr-at importanc-e all over the country. It
w;ts the. interstate commerce cn-p e.l
ChaVs C'omi si I man. -;-pe Ihint, v. Frank
micncoeK. riar!i;'l (. tin- district r.nrt
ot the northern district f Illinois. Tin.
reiisi-u it is iu-.iiortant is iliru in itsebiis-
ieiti tl v court (iecidt-'l ti c gmtior. of mnk
ii a man a witness mins hintst-l. ati.1
tooktlie brr;.(iost lto'iskI-. to the ( fi'ei t
tlmt a man cannot he f.,ii-,il to tc.-tifv in
that nay. The-decision makes it settled law
that ve itne-sscs laiiimt In; e eniipclli 1 to t.-s
tify in any l iraiual a v hi r.- the mm
fcwers mi;ht teiul to criminate: t la in in any
way or subject them M possible future
II istory of Hie Case.
The case was 01 initially tried hi fo-
JvtHiH' (iresbam at CUicuo. (. oimsi Im.-.n
and his clerks, as vci! as a nunli-r l
prominent railway orticitils. ire -re, indi'-ie I
by the federal ;ranl jury of thtit district
for ulli'n-il violations of the interstate
commerce jut. The cpcci!ic. allegation
was that I'oi: nsclninn ..v Co. had s, need a
'fjt rate" from the rnilv.ays bv vhi,!i
they Were enabled to ship rain to the sea
bofu-,1 from Chicago for from l:;to2-,
cents a, bushel cheaper than any of theii
competitors, and were, by miwhi of this
ndvantaye, Rctpiirini: a incni-pnly of the
business. It v. as irr.;o-sji,;,. to prow thc
chnr'.'es wit hout the h...,hs i f the Hreu-.d
parties, and n er.le r of conn was issued to
teen re them.
KefusOf to Answer O, lest ions.
Co-ansf Iniau wp j.skc-1 whether I.c hail
ever obtained from any mill a,. a rate mi
grain shipments lower t ban t he oix n ra:e
to an shippers. !b- r t i-t .! to aiiswer. on
tho irronnd that if liiiirh; c: iminate him
nnrt claimed the pr.tc t ion f i be con-t it .:
tional t:iiaran!ee (.iiIiitmI by t be I-'ifi h
nt'ienoment. .Indt-'e o-e-!
against hir.i. an, I held l.ini i-
eo! I, loot rf
court for n fusing to
an.d it is on nt-pcal t'r
order that tl . case th-
all'-u er l ::e q
t ided bv .!:
Court came up.
Passeil t!ie .J urU.l ii'tion Imsl inn.
One of the claims s, t up by tiie ::; :!
act was that the district court was n.-t
authorized to tr t hi- case as presented.
The supreme court remarks as to t his i bat
ii 'HiU iMt consider the iiiea. Jx'cause itis
oflhe ijiiiiinri tbat i:p(,n anot In r jtrtonnd
the jiidmnint m' tin- conn t clow- must i,,
reversed. It is broad' v contended on ti e
jmrt of the appellee thar a witness is i ,-:
entitled to plead the privilege cfsihu, , .
except in a crindna! case against biii.seii'.
but such is not the bmiruauc of the oii
Mittition. Its provi' ion is : hat nopir-in
shall be compelled to it m ify inane ciimi
niil imisc against hiiaseil. 'Ibis lioviMou
must have abroad cons) rn.-t ion in favor
of the 1 iucht w nieli i; was ir.tendr-d Inse
cure. The matter ued'T iiivest i-al i.m I'V
the grand .jury in th:- ca-e w as a rimir., j
matter, to inquire h il ,-r there had b: i u
a criminal violat inn ( f the inter-taie eom
An 1 in 1. le Meaning.
If C'ouusclinari hal t(in ftuilty f the
matter inept: red of on the iiue -t ion- w hii h
he refused to answer he hiiu-elf was liable
to criminal prosecution under that act.
Counsel man's answer'-, therefore, would
be testimony ae-'ain-i himself, and he
would lie compelled to ivethein in acrim
iual case. Ii is impos.-itile that t be uicaa
iup of tbe eoiisi ii in ional proeisions can
only be that a person -hail t ot be com
pelled to be a witness auairist himself in a
criminal ease against bimse-lf. There was
uo evil of that kind w hich hi-torh ally or
on principle was tei be guarded aL'.iinst.
1 he ob.je-ct was to insure that a pcr-on
should not, be e.-.uipclle-d. w hen ia tiui; as a
witne:ss in any invest ijrat iin to give testi
mony which mipht show thai he himself
had commit ee'd a crime-.
MAKES IT STILL EROADER.
Grui',1 Jury Invi-sliiitions t nnir I lul l
the l'rii i-imis.
As for the arutiment that the grand jury
investigation was not a criminal case, but
was to find out if a crime had been com
mitted, the court say-: "It is entirely
consistent wiihthe language of article r
that the privilege of not briti'-r a w itness
against himself is to be i x, r ised in a pro
ceeding before a grand jury. It is an an
cient principle of law- that a wit ties- shall
neit be (xmpH lied in any proceeding to
tnakc disclosures m- t- give testimony
W'Lk-h w ill ti i 1 to i i!i i;-atc him or suti
jeet him to finer or jh lu.li ies or foi b ivures.
The relations of ( oun-eluian io tbesub
jeot of inijuiry be fore the grand jury, as
shown by tbe epilations put to him in eeni
nection w it li the provision of t he interstate!
commerce act, entitled him te invoke the
protection of the constitution.
Coulein't lte l'se,l Against I)ef niluiit.
"The revised statutes must be construed
as declaring that no evidence obtained
from a witness by means of a judicial pro
ceeding shall In-given inevideuie or in any
manner use-d against him or his property
or estate in any court of the United States,
in any criminal proceeding or for the en
forcement of penalty or forfeiture. It
follows thatany evidencew hich might have
been obtained from Counselmnn by means
of his examination befeire the grand jury
could not 1 given ia evidence or used
against him or his projH-rty in any court
Of the United States. This protected him
against the use of his testimony against
himstlf or his property in any prosecution
gainst hitn or his property in any crirui
naljiroceeduig in auy court of the t'nited
V How It ould Be I srd.
"But it had only tbat effect. It could not
and would not prevent the use of his testi
mony to search into other testimony to be
oaed in evidence aicainst him or his prop-
erty in a criminal proceeding in such
court. It could iot prevent the obtain
ilKX and the use of m itnesses and evidence
which should be attributable directly to
the testimony he miht jfive under com
pulsion, and on which he miuht be con
victed; and otherwise, if be had refused to
to answer he eoulil not have been con
Ticted." Must Afford Immunity for the Future.
"We ai clearly of opinion," the cuurt
F.iys in conclusion, "that no statute which
leaves thu party or vitnc-. subjwt to pros
ecution, aitet tie answers the criininatitii?
questions put to him. can have the effe t
of supplanting the privilege conferred by
the constitution of the I'nited States.
Section W, of the revised statutes, does
not supply a complete protection for all
the perils again.-t which the constitutional
prohibition was designed to guard, and it
is not a full substitue for that prohibition.
In view of the constitutional provision a
statutory enactment, to be valid must af
ford absolute immunity against future
prosecution for the otTiiie to which the
;rcshar:'s J uilinc.t Keversctl.
'Section fcti'), moreover, affords r.r pnv
iectioii ntrnir.st the use of coiupeiieil testi
mony which consists in gaining thero
trom a knowledge of the dettiils of a
crime and of sources of informal ion which
may supply other means C convicting th'?
witness or party. From a consideration of
the language of the const ij ntional provi
sion and of all the authorities referred ti
we are clearly of the opinion that the ap
1 ( Want was entitled to refuse, as he did, to
answer. The judgment of the circuit
lourtmust therefore be re.vertd and tt:e
cause remanded to that our; with a di
rection to uischnrtfe the oppeliant from
; custody on the w i it of habeas corpus."'
I lNishilile Kllect of the Ieeisiim
j S uator Cullom and other friends of the
I int, rstate eoinmeive law. expressed coti
j siderable concern as to 1 he probable effect
I of t lie alxive decision. It is feaml by them
1 that tbe practical effect of the d,t isiou
may be toailord all witnesses culleil befoir
thu interstate, commerce commission to
ti-siii'y as to alleged violations of law a
1 loop bole of escape from ifivinjt e idence.
AEOUT A PESKY STEER.
tin Ii pn-it.itiiois Threat i-n to l.iing on
an IniTian War.
WAsiiist.Tov. Jan. 12. (.'eneral Merritt
in a telegram to the see-re; a ry of war ex
presses iipi rt i ,-nsiou of trouble at the
Tongue Ibvcr agency ttnless matters are
li.Hf,ikil with great care. He has stepped
into the! breach Ix-twcen the Indians and
the eivi! authorities; with a view of pacify
ing the hid'.i:is. : T'-e trouble, ei'iginally
grew out ef the' facf ti nt a ste, r belonging
to a white mm rc.-. Te depi e ditions upon
an Indian's corn H.-id so IVeijU, miy that
t he 1 tubal) 1. i ili-ei t he s' e, r.
ln.tians l;ilK oi Jie-i-tirii; Law.
TT.e w bite uiau se ,.t , out a "warrant for
the Inii...u :iti(! phteed ir it; ihehaiieisof
t be s) i r;ij' to .servei An intimation was
il.i-owu out that if tjc s:i rill attempted to
! l' e.the wansin,th;l;iiiir.iis would come
to the, n cw of lor cimtitryman. At
st.vrc ot t i:c-i-( ce -long Oncral Mer-
nrile to preserve tbe peace, but be is ;;p
I r.-hi is-ivc hi re-u',tsiii..i I. a - s.) iuforniid
t he v. ar depart nieni.
ltl-,l-kinri,tis Ki i-iproi ity.
V.tM!!M,"i,.i.m. 12.-IJi.vkiiu-iii.re of
Kentucky introduced a le-oiution in the
l.ou.-c j est i i d.y insirnctitig ii:c ways and
means committee, to r-port a bill re pealing
the re -iproe.it y-rrt.Vii.ifnry - "..iiise ef the
Mi Kinley hid .-rHfl- substitute the foliow-itis-:
-Tb- pntipV f the I'liiieil States
is iicreb ai:i h'oriijwT without further leg-i-lation.
to ii, clan- the po:ts of the I'nile-el
Slates free and open to all the products of
any nation of the Auuriean hemisphere
upon which no export duties are impose:d,
w :i ue-ver and so Ions as such nation shall
admit to if ports free of all national, pro
vincial (slit: e i. muriieipn! other taxes,'"
PMhIih-Im of t;:.- Vniiid Mates similar to
t hose entime r.ited in t he re, ip.-oe ity treat
ies air, ady negotiated.
Continue,! by the Sen it e.
AVAstir.inoN. Jan. 12 Among the :;p
poini mi nt - confirmed by ti e senate yeste-r-ilay
were the following: Aiark V. Har
rington, of Michigan, chief of the weather
bureau: Jose ph H. Heed, of Iowa, to lie
chief justice of t he court eif private land
claims, anel his asociates; district judges
S. Woodson, e.f Tenva, and H. C. Miles, eif
Missisi,T,j. William 1). McCoy, of
Indianapolis, minister to Lila-ria; AVill
iain lb Hess, eif Indiana, consul gctie-rsl at
Constantinople; I). A. Hay. of Oak Park,
Ills., principal clerk e.f surveys in tbe
ge neral land oflhe-.
To l,,li-ti the I'i-i- Sistem.
'A-niM.ii. Jan. 12. An effort will be
made by a i.niulicr of Democratic re-pre-se
nb.-tives it: oturre ss to have thentn.ro-
I pria: ions committee nwimmml that the
J fee system in the federal ollices be abol-
I be i e.f coi.i;: es-nn-n. e spee itdly in the south
ern states, w ill urge tnat the continuance
of the fee system results in much hardship
to pce.plc in the states through eleputy
luar-hais and other court oSieers strain
ing the laws for the purpose of making
eases in the courts and thereby increasing
the eniolumi tits e.f their ofliee-s.
He Acres with Nevada Stewart.
Wasiiim. ton, Jan. 12. During the dis
cission eif the sjlve-r rjuestion in the senate
yesterday Morgan said, referring to the
contention eif Stewart that the free coinage
provision of l-o had never be-eu repealed:
"I am satisfied that he is correct, and that
the law- is and always has been that any
citizen has tbe right, anil has had it all
the time, to have a silver eloilar of 412;-
grains coined at the- b'nited Statics mints. "
Harrison, Itlaine and Trary Confer.
Washim.ton, Jan. 12 Secretary Blaine
was at the state depart merit a short time
yesterday. Tbe Uritish minister calle:d
there to talk over llehring sea, matters,
but the secretary hail left the department.
Secretary Blaine and Tracy called on the
presieletit and the three remained in con
sultation some time. Secretary Blaine
again called at the White Heiuse at 4
o'clock, anel remained some time with the
Making the Illejcal Igal.
WAsniMiTiiN, Jan. 12. In the summer
of IKK) a number of citizens of Maine
were naturalized in the municipal
court of Bidelefonl, which naturalization
was aeclareei illegal Oy me court ot last
resort of that state. Cummings of Kew
York yestereiay introduced a bill to valid
ate the naturalizatiem. The bill was in-frtxlucc-d
in the last congress, but failed
definition of the Term "Artists."
WASHive; reix, Jan. 12. Quay has intro
duced a bill construing the term "artists"
in the contract labor law as referrfiig to
sculptors, portrait or lamlseape painters,
eminent musical conductors, e-minent
solo performers em musieal instruments
and eminent vocalists, and eleedaring that
it shall not lie construed as referring to
bauds of music or orchestras.
l.atCHl luichasi? if Silver.
Washington, Jan. 12.-The treasury de
part ment yesterday purehaseil 4.ji),O0O
ounces of silver til from 0.!i:j50 to $0.!AS8
Obje-i t fr f'liaiiiller'ii ItcKotntion.
M"a-ii:n-(,ton, Jan. 12. The joint reso
lution providing for an amendment to the
constitution prohibiting all persons of for
eign birth not citizen of the United
Stated from voting for any officer, either
state or national. w ill be vigorously pressed
by Senator Chandler, its projector. The
purpose of the amendment is to take the
authority to issue naturalization papers
out of the- -;.,(. -.,uiis and place it uneier
t!.e immediate control of the feeleral srov-t-rntneat.
!ie Was Taken, t.tie Other Left.
W.-!t!N(,Tiv, Jan. 12. Yestereiay in the
house Dingley introduced the memeirial
of the National Wool associatiem protesting
Hainsi any ehange. or agitation of (lie
tariff laws and asked that, it be printed in
The Kee-ord. Wise if Virginia objected.
Pe ii:re of Tennessee presented the resolu
tion of the natii nil committer of the
Fanners" Alliance lcpiesting i-oiiuivss to
carry out the objects of t he Ocala plat
form. Onh te l prime 1 in The K cord.
Consolidation of file Alliance.
Col.t'MHl s. ().. Jan. 12. f.'eiieral Organ
izer J. M. li iehanlsiin, of the Farmers Al
liance and Industrial union, is authority
for the striienicut that all the arrange
ments arc n..w: made and a basis agree?d
upon for a e,.n.-olidation of the open anil
secret allium e-, and it will soon be ef-fee-ted.
This, he says, will make an or
ganizatiein in the state f a);out SjO.tXK)
l'tin'uo, Jan, 11.
Kollewin- were tie ountatioas on th.-lwar l
of trade today: Wheat January, opened
Ht-.-i,;; closed HiV; February, opened ofi!,
cl ise-d s;"v ". ia.v. oprneii '.'-H,; closed i'Fv:.
I'orti -January, opetwsl i:Si"; i-losed &hi:
f'. l.niary o)"n..i ;rr; closed X; May,
opened fl'-rt' . elnse.i 4le. Hals -January,
oi.eiied -"se, closed tSry-; iebrtiarr, oje,ned
a t.-j y1.w.1 2 's: M iy, opened itl'-., close-,1
!-.. l ot k - J.,r.;.arv. otirneet S-li -S ciose l
fn.-i-'W: May. opened HI S'e t-ltnM $!l.:tjMi.
lard-Jati-ary. op -ne1, v ITi J. elo-eel 13).
Live sti U 1 l i- ut lLo JL"u;"ijT toe k yards
toa.iy mni-ii as '-.flo-?f:i I'.okh Market
a'tive on pnehin and .hi;ini; nt'i.-imut; fc-1-ng
easy: pri c-s .V- :h- low. r; sati-s rangel at
a!4,W pi-'s. i.J"i Uirlit. If-t.'.ek i't.iO
r.ai-li i .i. kin.-. St.i , 4. .ti n Ai d. and Si.iy
1.1 i.ii Leavy j..' kiuu and sliijipiii lots.
Catt'e Market iniiileratel;.- active on linal
and t-hipjiin aeM-o::ut and prices ruled
nuieli easi.-r: iiutat ioUs ranted at Sa.10
(it .".T." , ii, .;..- to e xtra sloppmi; ntrters
(Mni.-'o.m L-.s.d tocbiee.' do. "Vi.UKi. fair to
(.-o.k!. $-'.:i.. :i.Vi e'.nniuou t. nieiium do. J2.'.M
H'-Uit hut, ho:.-' steers, t-.-'i '.i.i" blockers,
f :.:!, ,.'i.-.'i T,-x.i.s steer-. -..., .:i.(.-i n-oeti rs,
Sl.K'isi eo-.v-. $1 r.'!:.i)l l.uU- a-ei s :.i.Va ti.
Sheep Market t airly act ve and priees
easier: quotations ran-d at 3-'i.7...VSI
westerns, $:i.;.V 0.1W natives, and 54..jiJ-..jti.(l
Produce: Iintti r Fan-y s-jvirnter, S9e;
dairies, fancy, fresh, 21i..k-; packing stock,
fresh, lot.-r !.". Kses-Fresli caaiihsl, loss oil,
iic pe-reioz: ice liotiso st,ick, PK-lsc. llrcosed
pouliry - liens, s.e sic pup lb: snrinii cbi. keus.
fiiiW; dneks, ti lie; gee, Tift 1-ic; turke'ys,
choice. K'c; cainmon st4jck. ltift.ll,; poor, Hu"j
!e. Potatoes -Hebron-. ftt..i;(;;e Hr bu; Bar
bauks 'H -i.-i K-; Hiwt. SSJtaOt-i i'esriess,
swe?et itatoes. Illinois, Sl.."i.t.".2j ikt bhl;
Jerse-y?. S2.IWTr3.tl. Apples -Cmnm ill, $t.irt
1. Viper bbl; pood, S-l.TA; fancy, S2.'t. Cran-lierrieu-
t'a 1 1. $ii.aoir.7.i( j,-r bli": Sl.tV
I. 75 per box; Jerse-ys, S.j.;yi4j)..jei er bui; $1.VJ
Xkw VeuiK. .Tan. 11.
Wheat No. 2 red winter cash. ?1 tW; Jan
nary, fl.m: Fehnmrv. S-l.t4; ' Man-h.
tl.Upi: April, I.H4-"H. torn-Xo. 2 mix,-,!
ca.sh, it-'U,,-; le-liruiiry and March, Su?4c;
May .Vic. HatM-Steady : No. 2 mixel casli.
oOi-; January. ar.Uc; tay, .17iie. Kye Imil
and un-ttll : MsoiVi l.tm for thu v hole r.mt.c.
Barley (luiet : two rowe-.l stat". ti2i-(.ii."..-; No.
2 Milwaukee. TlUe-i Fork-.Steady; new
me-ss, S'.i.7.):e.l'i.7.r. Lani - ".Hiiet ; l e!ruary.
$ 57; March. ': May, f r,M:
Live Mock: Cattle Trading extret-ni ly dull
mid slow and some jii-h lej s .1 i a- n re.lncti'111
Ot loc per 1 it lbs: iworest to b.st native .steers.
b wo2'i per lui His; liui s inei dry cow -
II. 7.V.27. SUiop and la'n'it Sheep tan.:
lainlis slow at a ro-hn'tiou of p r lb. Sh -e;
f.t-r.$. !2t4 pen pit His. l-i.i, fcii.mst7.ri.-.
F.os's -.d coiisitied diii-ct. Nomiiially st.-ady
live hi b'.s, SJ.tii4. ju jsjr ioi lhs.
Less than Half the price
of other kinds.
A TRIAL. PROVE TUIS.
Ualrns le. I
eQaartetra, Sc. '
la Cum only.