United States Supreme Court Cases & Opinions

U.S. Supreme Court

Smith v. ICC, 245 U.S. 47 (1917)

Smith v. Interstate Commerce Commission

No. 339

Argued October 3, 1917

Decided November 5, 1917

245 U.S. 47

APPEAL FROM THE SUPREME COURT

OF THE DISTRICT OF COLUMBIA

Syllabus

Decided on the authority of Smith v. Interstate Commerce Commission, ante, 245 U. S. 33.

Affirmed.

The case is stated in the opinion.

MR. JUSTICE McKENNA delivered the opinion of the court.

This case was heard with No. 337, just decided, ante, 245 U. S. 33. Like the latter case, it was based on a proceeding brought by the Interstate Commerce Commission in the Supreme Court of the District of Columbia to enforce answers to certain questions asked of appellant by the Commission, and which he refused to answer upon the advice of counsel.

The petition and reply thereto are the same as in No. 337, and present for decision the same propositions.

The court entered an order requiring appellant to answer questions to the following effect:

1st, whether he had personal knowledge of funds of the Louisville & Nashville Railroad used for political

Page 245 U. S. 48

campaign purposes in the State of Tennessee and charged on the books of the carrier to operating expenses or construction account, and second, whether he had personal knowledge of funds of the Louisville & Nashville Railroad used for campaign purposes in the State of Kentucky and charged on the books of the carrier to construction account or operating expenses.

It will be observed that the questions are limited, as some of the questions in No. 337 were, to the allocation upon the books of the company, of the funds expended, if any. They are within the reasoning of the opinion in No. 337 and, on the authority of that case, the order is

Affirmed.