Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-01-26

vICE-PREsIDENT ANDREWS BE-
FORE THE RAILWAY COMMISSION.
Points Raised by the CounseI-some
of Husselrs Rcasons--Thinks IL Is
Time to- Talk-The Graveyard In
surance PardOns.
-iscd by the cornerstone
surance Pardons.

I RALEIGH, N. c., January 25-(Spe
cial.)-This morning Vlce-President A. Il
Andrews and three other officials OF The
Southern railway were before the Rail
way Commission to show cause why they
should not be punished for contempt fol
refusal TO answer certain questions and
produce certain books and records week
before last. With Colonel Andrews were
General-Counsel w. A. Henderson and
Local-Counsel +. III. Busbee. The latter
read the answer of Andrews. Munson,
Miller, and Potts, setting forth the iea-
sons why they should not be punished
for alleged contempt. Busbee said such
action by the commission would be vio-
lative OF the fifth and fourteenth amend
ments to the United States Constitution,
and also Of Article /. OF the State Con-
| stitution. lie went on to say that he
did not know, and hoped the members
knew. exactly what the Railway Commits
sion is. 1t was first made an administra-
tive court, and later a court of record.
In the decision of the Supreme Court in
| the express cases tho commissions OK
istence was saved by a bare scratch.
1 AHS DtPAtiiO NOdil odgo Ait tOiitiuioSiDi
Is court in some particulars, but has
no power to fulfil its mandates. At the
last term the Supreme Court held in the
| decision by Justice Douglas it was set
| forth that the commission does not stand
on the same footing as a criminal court;
| that it Is administrative, but not judicial;
| in other words, has no commOn-law pow
er whatever. 1t cannot punish for con-
tempt. II can attach for non-attendance
to obey its process. 1t cannot punish for
contumacious refusal TO testify without
lawful excuse There is no case where a
refusal to testify is both a misdemeanor
and contempt.
Busbee asked Douglas and Cook whom
they represented as counsel.
Douglas said: "The people. the Cover
nor, and the commission"
Douglas followed Busbee, and admitted
that the prosecution was getting all kinds
Of evidence.
Cook next argued and called on the
commission to punish Andrews with the
extreme penalty; that this was the Cd
portunity to strike at the head-at this
big railway Official and prominent cit-
zen-and show in the very beginning the
commissions power.
General-Counsel Henderson concluded.
and said for Andrews that no court in
this country would dare to force any
witness TO testify against himself; and |
that Andrews's plea had never been de- !
MED TO any American citizen. Henderson |
SAID that there was "a power which was /
making these little wheels go round "
and he wanted to know what It was This
was sharp thrust at Governor Russell. |
Chairman Caldwell, Of the commission
said he was not prepared now TO decide
this case. a decision is expected Thurs
day.
Governor Russell to-day received a let
ter from lady in Arkansas saying she
had just learned that the North Carolina
Legislature was on the point Of passing
bill legalizing bull-hghts Against this
she protests vehemently. Her letter
raised a great laugh at the Capitol
There are now 103 registered whiskey
distilleries at work in this district. Last
month the number of packages ware
housed was the largest on record.
RUsSELLs REASONS.
1t is said that the Governors reasons
for desiring TO appoint Wheeler Martin
Solicitor TO succeed Bernard (who retires
February 1sO are that Martin, as q mem
Der OF the Credentials Committee at the
Republican State Convention, was the
prime cause of the Governors nomina-
ton.
Ex-Judge Thomas b. Womack retired
to-day as Chief Clerk of the revenue
office here and left for his new position
In New York. with the American Tobacco
Company. Major William II. Martin will
succeed him until Collector Duncan an
nounces his appointments, when he goes
into office February LIST.
A. S. Peace, Of the POpulist State Com
mittee, has been very reticent as to Sena-
tor Butler. He now says he thinks it the
proper time for the committee to declare
Itself against Butler.
Feeling against the Mormons In the
state Is rising fast.
The big lumber mills at Jacksonville
start up February 1st, under contract. TO
saw 5000 feet daily for firm which will n
furnish the logs. The contract is for
hree years. Mcintyre and Baltzer now
,wn the mills.
BRIEFS.
The newspapers comment harshly on
he Governors pardon of two of the 5
Beaufort graveyard insurance swindlers.
md assert that both are Republican !
'
Arrangements are made for forty State
onvicts to go to work on the roads i'm
'abarrus. =
Greensboro and Winston have elected
elegates to the monetary conference at {
[
Colonel w. II. S. Burgwyn is securing
much interesting material for his address =
n General Il. l.. Clingman, which will be
elivered here May 10th. c
Tobacco culture I'm the extreme eastern
art of the State will be on a more ex- o
ensive scale this year than ever before +
Solicitor Seawell has written TO Governor T
russell as 10 the John Evans case. that
very material point Of evidence against s
vans was controverted at the trial
The Capitol Square will be terraced. c
he terraces will spring from a founda-