The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-01-09
COL. ANDREWS
IN CON EMP |.
His Clerk and Two Agents in
the Same Pickle.
THEY DECLINED TO
ANSWER QUESTIONS
MORE TROUBLE ABOUT ROUND
KNOB HOTEL.
DID TIE SOUTHERN GIVE
OTTO WILSON A RAEFs2
The Vice-Pfesident and lis Agents Decliae 10
Tell--Commission lntimates that they Must
Do So or Go to Jail Given Till Thurs
day to Decide About it

10 30 or 0o 10 jail -6lVen llll hurS
day to Decide About it.
The Railroad Commission hooked ND
their horses yesterday morning, set their
coulter exceedingly diggin', cracked their
whips and began a sort of subsoiling
that turned up a sensation.
This sensation was the attachment of
Col. A. B. Andrews, vice-president of
the Southern Railway, and his private
secretary and two agents for contempt
for refusing to answer certain questions
and produce certain books giving infor-
nation touching the issuance of free
passes and Determinations in freight
RACES in favor ~64sS Otho Wilson, while
he was Raikoad Commissioner and run
ming ths<<Round Knob hotel, where the
trains stop for meals a-comin' and a
S%1Se
J.. B. Mnnson, division freight agent;
1 Col. A. B. Andrews, vice-president; Mr.
Nj. w. Miller, his private secretary, and
Yair r. Il. Potts, local agent
n WAfost of the examination of witnesses
US held at the morning session, and
Col. Andrews, Mr.. Munson and Mr.. Mil
Ter were adjudged in contempt for re-
fusing to answer the questions asked
them. Mr.. Potts alone escaped, on the
plea that he had not had sufficient time
to find the information desired. He was
given time and when the time expired
he declined to furnish the information
and he too, must share the fate of the
others.
The investigation began with Mr..
J. B. Munson on the witness stand
Before he was asked any questions,
however, Mr.. f. Ell BHsbee, counsel for
the Southern Railway, objected to this
examination on the ground that the
admission of such evidence as the Com
mission was seeking from Mr.. Mnnson
: might show violation OF section
4 of the Railroad Commission Act, which
s provides that if any railroad shall di-
rectly or Indirectly charge any person
greater or less compensation for any SER
vice rendered in the transportation of
passengers or property than it charges
another for doing a like service, under
substantially similar circumstances,
such railroad shall be deemed guilty Of
unjust discrimination, and shall be-.
upon conviction, shall be fined not less
than $1,000 nor more than $1,000 for
i each and every offense.
Under this provision of the law, the
admission of Mr.. Munson's evidence
would, Mr.. Busbee thought, be a
q violation of the fifth amendment to the
Constitution of the United States, which
declares that no person shall he COM
PEELED in any criminal case to be
witness against himself"
The meaning of this constitutional
provision, Mr.. Busbee explained, is not
snerely that a person shall not be COM
PEELED to be a witness against himself
In a criminal prosecution against him
self; but that it's object is to insure
that person shall not be compelled,
when acting as a witness in any in
vestigation, to give testimony which
may tend to show that he himself has
committed a crime. In the case of
Counselman VS.. Hitchcock, u. S. 142-
SAT. the United States Supreme court
has given this construction to this con-
sthutienal provision. In doing so the
court says that it is a reasonable con-
struetion of the provision that the wit
ness be protected from being compelled
to disclose the circumstances Of his
offence or the sources from which, or the
means by which evidence of its commits
sion may be obtained and used for his
conviction, without using his answers as
direct admissions against him. No statute
which leaves party or witness subject to
prosecution after he answers the crimi-
mating question put to him, can have
the effect of supplanting the privilege
conferred by the Constitution.
II submit" said Mr.. Busbee, "that the
Southern Railway Company is not called
on to furnish evidence of its own viola
ton OF the law of the land. 1t is pos
sible that Mr. Munson's evidence might
do this. And ask now If his testimony
= kbn -
i showing a violation OF section of the
.ERaiIroad Commission Actp
Chairman Caldwell-"The question is
competent in two aspects: Either as
0*ving us information on which to base
rites, or as showing that the Southern
Railway has been violating the law
forhidding discrimination in rates. And
IN either case the witness cannot shell
ser himself behind the constitutional
n,,avision against eliminating himself.
He Is only an agent and it is against the
,,r;nc;Dal that an action must lie for
anv violation OF the law"
Mr. Rusbee-"I wish to ask another
onastion. Suppose the witness should
answer the questions you ask in such
vay as TO show that plain statute had
heen violated would the witness, IA
AGENT. be iRdictable for aiding and
sttias ts PisafmafiR9Fl PpissafafWmsi & il not our
s'hT76Se to put the information to that
w use"
IN Mr.. Busbee-'But that makes no DIFF
q Aference, this Commission cannot con-
- the criminal courts OF say what
- all come before the grand jury"
p The Commission ruled that the testi-
mOny was competent and that they had
a right TO know the facts.
Then the examination of Mr.. NunsoH