The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-01-29
Leads all Oh8r North Carolina a08 in BO1 N8N8 and Circulation

charged for doing for them like and
cOntemporanCous service.
Which said notice was duly served on
the said A. +. Andrews on the 10Th day
of January, 1893.
III. That on the 25th day of January,
1898, pursuant to the said notice, the
said \. b. Andrews personally appear
ed before the said Board of Railroad
Commissioners and wilfully and unlaw-
fully did then and there neglect and re-
fuse to make and furnish the said report
to the said Board of Railroad Commits
eioners as required in said notice.
". That as plaintiff is Informed and
believes. said \. Il. Andrews. by virtue
of his office of first vice-presment. is the
manager and has charge and control of
all matters pertaining to the operation
of said Southern Railway in the State
Of North Carolina.
V. That as plaintiff is Informed and
believes, the said \. Il. Andrews as man
agcr of the Offices of the Southern Rail
wa Company in the State of North
Carolina has in his possession and under
his control all records, books. writings
and memoranda of the operations and
transactions OF said railway company in
had so desired could have made and fur
niebcd the Board of Railroad Commits
sioners the report called for in the notice
aforesaid.
VI. That MS plaintiff is informed and
believes. the said A. Il. Andrews, as
vicc-presidcnt and manager aforesaid.
could by ordering or directing his sub
oriinates in the city of Raleigh and
elsewhere to furnish the data and facts
in their possession and within theil
knowledge. have procured the facts
necessary to have enabled him to make
and furnish the report called for in tho
notice aforesaid.
VII That as plaintiff is informed and
believes, the said \. Il. Andrews made
no effort to procure the information call
cd for in said notice, hut on the Other
hand, as plaintiff is informed and be
lieves. studiously and deliberately sup
pressed evidence within his knowledge
and neglected to examine the records anC
data within his control as aforesaid, il
order to hinder and delay the said BOar(
Of Railroad Commissioners in the dis
charge of their duties.
VIII. That the said A. Il. Andrews by
the aforesaid wilful and unlawful neg
lect and refusal to furnish to the said
Board of Railroad Commissioners the Sa;t
report as required in said notice. unlaw.
fully hindered. delayed and ObstructeC
said Board Of Railroad Commissioners
I'm the discharge of their duties. to wit
In making just and reasonable rates oi
freight and passenger tariffs, and in as
certaining if the rules and regulations
heretofore prescribed by the said Boar
of Railroad Commissioners are or have
ieen observed or violated.
IX. That said 4. B. Andrews by rea
son of his wilful refusal and neglect t.
make and furnish the report mentioned
in said notice. and so required of him
and for wilfully and unlawfully hinder
ing. delaying and Obstructing the SaiG
Board of Railroad Commissioners i'm tho
discharge of their duties as aforesaid. die
forfeit to and become liable to the State
of North Carolina for the payment cI
the sum of $1,000 pursuant to the stat
ute in such case made and provided.
Wherefore the plaintiff prays judg
ment against the defendant. A. +. An
drews. for the sum of $1,000 and the
costs of This action.
This judgment is signed by c. \. Cool
and Douglas and Simms. attorneys fol-
the plain tiff.