The Caucasian. (Clinton, N.C.) 188?-1913, 1898-02-03
STATE SUBS
COL. ANDREWS.
Civil Action Instituted Agains.
Him for Failure to Give
Evidence
BEFORE THE COMMISSION.

The Summon, Nave Been served The
Complaint yiisd With Clerk OF the
1;surt OF Wake Coanty-Th- Fell Pea-
atty Sued for.
Eight civil actions were Friday in
stituted by the State against Colonel
Andrews as an individual. to recover
penalties aggIegating $4,000. The
will have until the March
term to answer and then the case
will be set for hearing at the next
term of court.
These actions are brought under
section IL of the Railroad Commis-
sion Act which provides that "every
officer, agent or employe of any rail
road company who shall wilfully neg
lect or refuse to make and furnish
any report required by the Commis-
sioners Cor the purpose Of this act,
or who shall wilfully or unlawfully
hinder, delay or obstruct said Com
missioners in the discharge of the
duties imposed upon them. shall for
felt and pay a sum of not less than
one hundred and not more than five
thousand dollars for each offence, to
be recovered in an action in the
name of the State. A delay of ten
days to make and furnish such re-
port shall raise the presumption that
the same was wilful.'
1t will be rem embered that Col. An
drews was served on January oath
with eight subpoenas asking him to
give certain information and pro-
duce certain books and records in
regard to freight determinations
and the issuance of free passes.
This information he refused to give
and failed to furnish any of the rec
ords asked for, and out of this fail
u1e grows the eight actions in
stituted.
In these complaints it is alleged:
l. That the defendant, A. B. An
drews, on the 18th day of January,
1898, and for long time therefore
and still is, an officer of the South
ern Railway Company, to wit: the
first Vice President of said Railway
Company, which said railway com
pany was then and still Is carrying
on the business of common carrier
in the county and State aforesaid.
II. That the Board Of Railroad
Commissioners duly authorized by
law so do, were on the 18Th of Janu-
ary, 1898, in the discharge of their
duties, to wit: procuring the neces-
sary information to enable them, the
said Board of Railroad Commission
ers to make just and reasonable rates
of freight and passenger tariffs, and
to ascertain if the rules and regula-
tions therefore prescribed by the
said Board Of Railroad Commission.
els are or have been observed or vi
| olated, on the said 18th day of Jan
uary, 1898, issued the following no
tice to the defendant, A. B. An
drews, first Vice. President of the
Southern Railway Company:
III. That on the 25th day of Jan
uary, 1898, pursuant to the said no
tice, the said A. B. Andrews person
ally appeared before the said Boar'
of Railroad Commissioners and viii
fully and unlawfully did then an
there neglect and refuse to make an,
furnish the said report to the sal
Board of Railroad Commissioners a
re quired in said notice.
". That as plaintiff is informe
and believes, said A. B. Andrews
by virtue cf his Office of first Vice
: President, is the manager and ha
, charge and control of all matter
pertaining to the operation of sal
!, Southern Railway in the Slate
North Carolina.
V. That as plaintiff is informe
o and believes, the said A. B. Andrew
as manager of the offices of tt
= Southern Railway Company in tt
: State of North Carolina has in b
o possession and under his control a
f records, books, writings and mem
l. randa Of the operations and transa
Q tions of said railway company in Il
o State of North Carolina, and if
had so desired could have made a,
o furnished the Board of Railro
Is Commissioner the report called (
n in the notice aforesaid.
., vi. That as plaintiff is inform
=. and believes, that said A. B. A
h drews, as Vice President and mar
er ger aforesaid, could be ordering
lg directing his subordinates in the cl
is of Raleigh and elsewhere to furni
OF the data and facts in their poss
r sion and within their knowledl
have procured the facts necesss
il to have enabled him to make a
I'D furnish the report called for In
ry notice aforesaid.
to VII. That as plaintiff is inforn
ey and believes, the said A. B. Andre
an made no effort to procure the infol
ey m alton called for in said notice,
ne on the other hand, as plaintiff is
nd formed and believes stud.oas
deliberately suppressed evide
"a within hisknowledge and neglected
Tor examine. the records and date wit
ar his control as aforesaid, in .ordel
ny hinder and delay the said, Board
IN Railroad Commissioners In the A
,y-1 charge of their duties. $50
he VII. That the said A. B. Andr
ic- hy the aforesaid wiiful and uni
VI full neglect and refusal TO furnis
or. the said Board Of Railroad Conn
ma sioners the said report as requi
lin said notice, unlawfully hinde
delayed and obstructed said Bc
!. Of Railroad Commissioners in
for discharge of their duties, to wit
making just and reasonable r
for1 nacsen0er rates and repulat
a therefore prescribed by the
Ala. Boardof Railroad Commissioners
nty, OF have been observed or violate
'ent f. TX. That said A. B. Andrews
=. reason of his wilfnl refusal and
per- lAct to make and furnish the re
,;ne mentioned in said notice, and 8
f .fn fquired Of him, and for wilfully
the1 dnlawfully hindering,: delaying
$50 obstructing the said Board OF
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