The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-01-11
{ Special to The Me.ssenger.)

Raleigh, N c., january 8.-The SEN
saltion today was the examination at
the railway commission Office, which
began at 10 O'Clock. John y. Munson
was the first witness. Commissioner
Caldwell, whose face wore a stereo-
typed smile, was the grand inquisftOr.
His inquiry of Munson as to any spe
cial freight rates being given Otho
Wilson was met by "a formal refusal
TO reply (given below.)
F. H. Busbee, Of counsel for the
Southern, contended that under the
commission to ask amy man whether
he is guilty of a nisdemeanor, that it's
province is merely to negotiate rates.
Commissioner Pearson said: 1--WE con-
template making a change of rates.
Mr.. Busbee insisted that the commits
sion could not ask a question for one
purpose and make 1T necessary for the
grand jury to investigate the evidence.
Chairman Caldwell said this investiga-
tion was being pressed under section
this gives THE commission the right
ito visit railway offices and see If the
rates are kept; THAT there is no preju-
dice 30 amy witness. Mr.. Busbee said
matter, which borne on Otho Wilson'S
case, was thus taken up, that case
being now before the courts and he
made a strike at the commission and
1.-THE supreme court of the United
States is yet, thank God, the guard
ian and protector of the liberties of
the citizens of North Carolina"
The commissioners, after a few mo-
ments, made their decision. DIR. Abb
rbotIt said he did net consider that the
commission had the authority it was
assuming. Caldwell said the majority
of the court Che did not use the word
commission) held that it had THE
right under the act to examine Mum
sons books and to have information,
AMID that if Munsoil declined to answer
he would be liable for contempt. He
added that it was the evident in'ten-
Eion to evade giving information and
that if Mason would not answer he
would be ATTACHED for contempt and
held until the matter was passed upon.
MIR. Busbee asked if Munson would
not be- as is customary, placed in GUS
tody of the counsel until he conferred
with him. Commissioner Abbott said
the was entirely ignorant of the object
of this investigation and was not in
formed of 1T, Though he asked for infor-
mation.
Colonel Andrews, who arrived at 7:30
O'Clock this morning, was served with
subpeana and at 10 o'clock was before
the commission, as was also his Sec
retary, Henry Miller.
Potts was examined after Munson
and said he had not time to find his
books, ais he was subpeonaed late
last evening. Miller gave the same
answer as Munson to the question
whether free passes were issued dur
ing the past three years amid whether
there was record of them, but THAT
since january 1 no free passes had
been issued over the North Carolina
railway save to directors of branch
roads. There was a defamation to an
swer the question whether passes We're
ISSUED to the last Legislature or to
Judge SIimonton. Miller was then ruled
i'm l>xyN .Jxxro11
Colonel Andrews was the next witt
ness and in reply Ito a question said
tihe record of passes issued during the
past t!hree years was kept, but THAT he
did not know where it was that the
records were usually sent to Washing
ton at the first of the year; that no
passes had been issued since THE end
of the year save to directors and edi-
tors. attorneys and employees. He said
1he did not know whether Judge Simon
ton rode on a pass. He gave the
same answer as MunSon to the ques-
rion whether he had sent a private
that his company was complying with
tne law as to passes and THAT inStruc
tions had been given TO issue no pass
es. Mcdonnell Andrews declined to fur
.nish list of passes issued last year
and was then declared to be in con-
tennpt.
Potts was tine last witness. He de-
cfined TO produce the records as re-
quested.
The commission announced that II
would mot act today, but cited Am
drews, Miller, iMunson and POTTS to
appear at 10 O'Clock next Thursday
morning and show cause why they
should not be attached for contempt
OF court.
Commissioners Pearson and Cald-