The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1898-01-26
After Hearing Argument In Contempt Cases
Reserves Its Decision.
THREE HUNDRED NEGROES ON A STRIKE
Arkansas Woman Alarmed About
Bull Fighting Feeling Against
Tobacco Culture in tho West
Capitol Square improvements.

Raleigh, n. c., January 25.-(Specialo
This morning Vice President A. b.
hndraW5 and three other officials
of the Southern Railway wcra be-
fore the Railway Commission ITO
show cause why they should not
he punished for contempt for re-
fusal to answer certain questions and
produce certain books and records week
before hast. With q,l. Andrews wire
General Counsel w. a. Henderson and
Local Counsel +. II. Busbee. The latter
read the answer of Andrews, Munscn.
Miller and Potts. setting forth the rea-
sons why they should not ne punished
for alleged contempt. Busbce said such
action by the Commission would be
vioative of LII" fifth and fourteenth
amendment to the United States Con-
e!itution. and also Of Article 1 OF the
S.nIte Constitution. He went on to say
that he did not know, and hoped the
members knew. exactly what thu Rail.
way Commission lis. 1t was first made
an administrative court and later n
count of record In the decision of tho
Supreme Court In the express cases the
Commissions existence Was saved by
bare scratch. The Supreme Court says
th" Commission is n court In some par
ticulars. but say 1t has no power to full
I'll Its mandates. At the last term the
Supreme Court held in 'tfrt. decision by
Justice Douglas, 1t was set forth that
the Commission does rt-rt stand on the
same footing as a criminal court: that
At is administrative, burt not judicial:
an ether words. hos no common law
power whatever. II cannot punish for
contempt. 1t can attach for non-fpt-
tendance to obey ITS PROCESS. TT cannot
punish fer comtunnad;Cus refusal to
6estfy without lawful excuse. There is
no case where refusal to testify is
both a mi2dtmcanor and contempt
i'usbec asked Douglas and Cook
whom they represented as counsel
Douglas SAID: THE people. the Gov
sr'Iror and the Commission" Douglas
followed lsusb:e. and admitted that the
prosecution was getting all kinds of
evidence. Cook next argued and called
on the Commission NO punish Andrews
with the cXtrema penalty: THAT this
WAS the Ncpnotunsty to strike at the
mead of this big railway official and
prominent citizen and show in the very
BEGINNING the Commissions power
General Counsel HENDERSON con-
olrded and said for Andrews that nj,
court In this country would dare to fore,
any witness to testify against himself,
and that Andrews plea had never been
dHniid to any American citizen. Hen
derson said that there was n power
which was making these little wheels
go rHund, and he wnrIted TO know what.
VI was. This was n sharp thrust ut
Governor Russell. Chairman CaldwelI
OF the Commission. said he was not pra
Da11'd now TO decid> this case. 4 deci-
sion Is expected Thursday.
G',Ncrnor Russell to-day received
letter from lady in Arkansas saving
she bad lust learned that the North
carolina Legislature was on the pc,tnt
or Passing n Bill lega.iziry bul, fights
ASalnSt this she prot SITS vihcmertlv
or !otter raised n grcal; laugh at The
CAPITOL wv N'''
There are now 1oa registered whisky
dl9h'llsr!es at work in this d;srrir,t
Last NORTH the number r1f pach,mcs
"3rfhcused was the largest on record.
- IS sald ih"'t the Gnvernnr's reasons
lcr uH' rsrG 10 appoint Wheeler Man,in
s'tlc!lr TO succeed Bernard, who "a
t!res FEBRUARY !. are that Martin nc
member of tho Credentials Commit,rn
al, Inc Republican State Convention
WIS the nrim" cause OF the Governors
:ra,l.nst!cn.
EX-Judr, Thomas II. N7>n, , 81, r,,iroa
To-day as Grief Clerk of 10. ravo ,1un
Once here. and left for his new nos,tinn
IN New York With the American ro.
..hcco Company. Mapar William n
T,,i''fh WI! succeed him until Collector
n,"h"nh hnnounc Is his apnnirtn,,,ts
"nfli ne gees INFO Office February
"a. > Peace. Of the ponulist state
srh1mNtea. has heen very -euiccr,, ne ~
olnEthr Butler. He now saws he thinks
tnt proper ume for the connniute,
10 dsriare itself against Butler.
lhS'nn has factory strike 20o
llsin ianorers in one tobacco factory
having gene out by reason NJ , 49,,
finn OF wages. '>Nuc-
tseiing against The Mormons IN thc
Sta':a IS rising fast. III '"e
III, Inc ing lumber mills at Jacksonvillo