The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-01-11

passes and the rates on Ohio Wilson's
freight. Some Of the questions he an
swered. in reply to others he read Bus
bees Standard Answer"
rs there q record kept in your office
Of passes issued for the past three
years."
such a record is kept.
where IS it,
usually at the end Of the year It is
sent to Washington"
Have you a record Of passes issued
since January 1, 1887
II suppose there j. such q record
"NNiIl you produce that recOrd:'
Il will say that we nave issued no
passes since January 1st, except TO di-
~rectors, editors and attorneys. And I'll
20 further and say that we've issued
none since Oct. /, when Judge Robinson
| delivered his charge to the grand jury
here"
Can you have a record of passes is
sued since January /, 1893, produced?'
Il would like to have time to consider
the matter"
Does Judge Simonton ride over your
| road on a pass?"
Il don't know"
"Haye you ever sent to Judge SIMON
| ton a private car for his use"
'Busbee's Standard Answer" was
| quoted in reply.
Have you issued since January 1st
any mileage books:"
4 have not
'Haye the conductors since January
| 1st had any instructions IN regard to
passing certain persons"
Il have not so ordered"
WAS an application made to you for
| special rates on the Wilson goods:
Z have no recollection Of it."
you received the notice of the order
madc by the Railroad Commission
touching the issuance Of passes, did
| your
L did, and the order will be strictly
obeyed."
Colonel, de you decline to furnish the
| Commission with a list Of passes issued
during 1912
Il decline to do So"
"Do you decline to furnish a list for
1882"
Il desire to consult counse as to
that
Mr.. Busbee said he thought it very
probable that the list would be furnish
| ed.
Chairman CaldweH-''Col. Andrews,
YOU will besprepared at 2 O'Clock to make
| definite answer in regard to the matter"
At this point the Commission adjourn
ed to meet again at ? o'clock.
During the recess the three Witnesses
Munson. Andrews and Miller-who had
been adjudged in contempt, were left in
the custody Of counsel, who obligated
| to produce them in court when it should
| be again called to order.
When it did convene again Col. An
drews took the stand and in reply to
Chairman Caldwell's question as to
| whether he was prepared to make an
swer to the questions in regard to the
issuance Of passes since January 1st'
| 1898, read the following affidavit:
a. 3. Andrews being duly sworn doth
say that he has examined the list Of
annual passes issued by the Southern
Railway Company for the year 1898
| through himself, and according to his in
| formation and belief and advice Of coun-
| sci no pass has been issued in North
| Carolina that is in violation Of the order
| of the Commission or the law Of North
Carolina.
But affiant further states that he may
be misinformed as to the true meaning
and effect of the statute and his cOun-
sci may likewise be in error, and by
furnishing such statement of passes is
sued through himself he may be furnish
ing evidence which might tend to show
in the opinion of tire Commission or Of
some court that affiant was guilty CT
some offense, or might furnish the source
from which such evidence might be OBJ
tanned. SO far as affant knows no
other common carrier has been called
upon to furnish such list. For the rea-
sons stated, and disclaiming so far as
affant knows any violation of law, yet
being unwilling to rely absolutely upon
such information and advice, which
might be decided to be erroneous by a
court, and thereby subject affiant to a
prosecution, he declines to furnish sucn
list
Commissioner Pearson explained tina
all the roads in the State had been
served with similar notices in regard to
Mr.. Potts was now put back on the
stand.
.Since the Commission adjourned
have you searched for the record asked
for this morning?'
L have not"
do you decline to do sou
Il do"
do you decline to produce the rec
ord!'
q do"
DO you decline to produce any
books?'
Il do"
All the witnesses-Andrews, Potts
Miller and being in con
tempt, Chairman Caldwell announced
that notice would be served OF them tc
show cause, at the meeting Of the Com
mission next Thursday why they
should not be attached for contempt.
The Commission then adjourned tt
meet on that day, which is the 18th.
The Code names eight, several acts
--t.al he Tho cl1hIoaf NJ
S contempt Of court. One Of these IS "tht
contumacious and unlawful refusal O.
S any person to be sworn as a witness, o.
t when so sworn, the like refusal to an
swer any legal and proper lnterroga
= | tOry1