The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-01-26
,nt would incriminate YOU?

'AnSWCr-l decline 10 dnS"cI'
"Oupstion-Do you keep a record of
the letters and applications for passes?
"Answer-I decline to answer.
.Ouestion-Would YOU know one Ia
pass If YOU were to see 1t!
"Answer-I decline to answer
'Now for Mr. Manson:
"Question Have you the BOOKS show
ing the freight rates on inc 0outiiefh
Railway in your possession!
"Answpr-I decline to answer
"Ouestion-Have you a copy Oh the
way bill of the shipment OF wilson
goods to Round Knob?
"Answcr-I decline to answer
"Ouestion-Was application made 10
you for special rates?
"Answer-I decline to answer
"OuestiOn-Did you tell any one that
such application was made! >,
'Answer.--I decline to answer
These questions and answers Mr..
Douglass contended. clearly put all OF
these parties in contempt.
A decision on the Interstate Commis-
sion act (43 Federal 90 was read in
support of the contention, that the agents
and employees were not lndlctablc. Inc
difference between the Interstate Com
mission act and the Railroad Commits
sion act, he said, is that the former
Furnishes the officers and agents OF the
corporation, while the latter contem
plates the punishment of the common
carrier.
In conclusion Mr.. Douglass said, in re
ply to Mr.. Busbce's inquiry. that he was
appearing before the Commission III al
capacities, not for the Commission spc
~ o., inI w Ia
State specially; but for all generally.
'The reason | made that inquiry" cX
planned Mr.. BusbeC, lis that Mr.. Douglas
has recently been engaged in drawing
indictments against the Southern i'll tho
counties through which it runs. and
thought possibly his purpose here to-day
was to get evidence in those cases"
Cant. Charles A. Cook was the mex
speaker. Replying to the objection O
Mr.. Busbee that the Commission har
no power to punish for contempt. he reat
the amendment to the Railroad Commits
sion act creating it Il court of record
and then the section of The Code giving
all such courts the power to punish fO
contempt. The Commission was re
quired by law, he said. to regulate rates
and fix valuations This could be done
IIOI&IiN
ton possible on these questions The
only way to get this information wa.
from those in possession of 1.-THE of
fcers and employees of the roads. /.
they refused to testify, nothing coult
be done. Hence power was cOncrreC
upon the Commission to compel tcsti
mony.
''Now these defendants are here before
"
tempt by issuing this rule against them
1t is their duty to show that they have
committed no contempt. Unless they dc
SO they must be punished
"You have a right to the information
it is made your duty by law. In no other
way can you regulate rates and tau
valuations. In getting this information
you have a right to send for officers
agents and employees of the roads ant
compel them 10 produce books and rts
cords. They have refused to do this
They have violated the law, they have
shown n contempt of You and now is q
good time TO show your power and put
stop to this triflng. 1t is a principle
that is involved There is no use mine
ing matters. You've got to start some
where. else your court will no longer be
respected. Better start at the top-bet
ter begin with men in high position.
don't believe in taking off the lower
limbs first, begin ut the top"
Col. Henderson said he had had Z
long experience in appearing before Rail
road Commissions in the South and never
before had this question arisen.
sin the first place it is claimed thai
these men ought to be punished because
Al. r.. 4 Tp.,4 hot
of court of record? 1t was made cOur
of record by statute; it is not common
law court. This court can't give Il judg
ment for money. il can't summon jury
it can't probate n will A criminal cour
is a common law court. The Nortl
Carolina Supreme court says it is an ad
ministrative court and not a judicia
court, and was made n court of recorC
simply to give authenticity to its re
cords; it added nothing to its powers
ut is because judges try to follow
the clamor of the people below that they
are cursed and despised. 1t is whol
they compel the mighty as well as til,
weak to follow the law and constitu
ton that they become famous.
again it is contended shat these meI
ought to be sent to jail because they re
IuSeu 10 answer uuestfOHS CHdl mean
nothing. You try a case in the Supericl
court and ask a witness: Wasn't your
grandmother cross-eypdT He will have
right to refuse to answer the question
If question is immaterial or tends t.
eliminate the witness. he need no. an
swer.
Here's my friend Douglass who say,
you can get Potts anyhow. / rather like
the boldness Of my friend Cook. whc
says, IF 1 can't get the big bugs II