The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-01-26
The CONTEMPT
CASE ARGUED
------~---~--
1t Looks Mighty Blue for the
Defendants.
TWO AGAINST, ONE FOR
NEW COMMISSIONERS CONSULT
THE GOVERNOR.
NO DECISION TO BE RENDERED TO-DAY
Col, Andrews Also Served With Eight Other
Subp0nas 10 Show Books and Records
in Regard 10 Free Passes aud
0tho Wilson'S Freight

VWto NASoA ffs1SNN
Wlsea the lsallgVaa Commission adj
jougngd yesterday eSealslg az d O'Clock
the lntlleatiaRS weEe tAag Col, \, II, An,
drewS, JoAse Il, Mass$aa. RolSrt l.. Potts
and Heavx W, AllaseE Mil he aaiulged
in contempt OF court tor refusing to an,
swer questions asked them at the first
meeting of the Commission in January
At least if the discussion among ths
Commissioners in executive session JUS
before adjourning be any indication, that
is what will be done, and the vote will
stand: Caldwell and Pearson) for con
tempt, and 1 (Abbott) against contempt
But the two new Commissioners war;
at the Mansion in consultation with thu
Governor till late hour last night an,
Just what occurred there, or whetheI
any change was wrought in the sent
mentS of those present is not known
And if they are still of the opinion th..
the defendants ought to be punished
for contempt, what punishment, if any
was decided upon, is equally uncertain
1t is more than probable though tina
it will be only a fine.
The commissioners were seen afte
they returned from the Mansion, bu
they refused to discuss the contemp
case or say even when it would he dc
cided. The defendants have asked tina
it be not decided to-day, ON account o.
some important engagements tney have
1t is not known whether this .'equest
will be respected or not. Chairman
caldwell declined to say.
The hearing of the contempt case.
began yesterday morning at 1888
O'Clock and consumed about three hours
Though there was nothing sensatiuna
in the discussion it was "A most interest
ing argument and some fine speeches
were made by counsel.
las soon as the Commission was calle}
to order Chairman Caldwell stated thai
this was the time set for the hearing
of the rule served on the four defend
ants-Andrews, AIunson, Potts and Nil
ler--to show cause why they should no
be punished for contempt of court.
All these gentlemen being preseat
their answers to the rule We're read bs
their attorney, Mr.. Il. III. Bnsbee.
Col. Andrews first made the following
reply to the Commission:
In answer to the notice to show caus;
why | should not be ATTACHED for con
tempt served upon me on or about Jan
uary 10th, 1898, / desire respectfully t,
say that my failure and declination t.
answer the questions propounded and t
furnish the list Of passes demanded
was rot c0ntemptuous, but for the fol
lowing causes:
1.-THE testimony will show that | dia
not have In my possession the book
and papers demanded, and as to TIN
questions set forth in said notice | an
cWer:
Under advice of counsel | desire t
avail myself of the privilege secured t.
me by the Constitution of the Unitet
States and of the State of North Caro-
lima of declining to answer this ques
tion. upon the ground that the answe
might tend to incriminate me, or nigh
tend to disclose the sources from which
the information might be afterwards
obtained, which would tend to incrimi
nate me; but masmnch as | entertain
the highest personal and officia
respect for this honorable Board il
which assume to have the honest opin
ion that it is its duty to discover ant
expose an alleged criminal act on tn
part of the Southern hallway Company
| desire to state in brief the reason
which mpel me to claim and rely upol
the protection which the law of TIL
land affords to me and all the citizens il
the State in like situation:
Il. Neither in my own opinion no
in the opinion of my counsel, has tht
Southern Railway Company, nor have
| as one of its officers, violated AM
criminal law by furnishing any trans
portation within said State, but it il
claimed by some parties who desire t.
inaugurate criminal and civil proceeding
against said company, its officers am
employees, who it is supposed have dom
the acts imputed to the company, tina
it has violated such law, and as tn
evidence sought is to prove or tend t.
prove each breach of the law as thel
understand it, and as the court of las
resort has not yet construed the act o
the Legislature involved, | am compelled
to remain silent and allow the partie
who desire to inaugurate such proceed
ings as aforesaid to make out their owl
case without seeking aid from the Off
GERS or employees of the Southern Rail
way Company.
"2. While | have at all times endea
vored to comply with the law of m.
State, as / understand the same ha
been construed by the executive, legis
lative and judicial departments, and b,
this honorable Board, and as | intend Il
avoid any intentional violation of tn
same, hereby aver that if this honora
bile Board will announce AIS to whom
such transportation may or may not b.
issued. under the law, | will see to /
that your HonOrs' ruling viii be strictly
followed by the Southern Railway, ant
/ have no doubt that all other raiwa!
companies in the State will in like
spirit comply.
Again disclaiming any contempt TO
the laws of North Carolina and Of thi