The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-01-28
Especial to The Messenger.)

to be Sold in u few Days-Hints from
the:seaboard that it Will be the PaIc
Especial to The Messenger.)
Raleigh, N. c., January 25.-This
morning Vice President A. 3. Andrews
and three other officials of the South
ern railway were before the ra;iUay
commission to show cause why uney
should not be punished for contempt
for refusal to answer certain questions
and produce certain books and records
week before last. With Colonel Am
drews were general counsel, w. A.
Henderson, and oca counsel, F. H.
Busbee.
The latter read the answer of An
drews, Munson, Miller and Potts set
ting forth the reasons why they should
mot be punished for alleged contempt.
Busbee said such action by the COM
mission would be violative of the fifth
and fourteenth amendments to the
United States constitution and also
of article 1 of the state constitution.
He went on to say that he did not know
and hoped the members knew, exactly
what the railway commission was. 1t
was first made an administrative court
and 1ater. a court of record. In the de-
ciSiOn of the supreme court in the eX-
press case the commissions existence
was saved by a bar scratch. The su-
preme court says the commission Is
a. court in some particulars, but says
tit has no power to fulfillitS
AT the last term the supreme court
Cheld, in the decision by Justice Doug
las, that the commission did not stand
on the same footing as a criminal
court; that it was administrative, but
not judicial; in other words, had no
common law power whatever. 1t a
not punish for contempt. 1t can at
tach for non-attendance to obey its
process. 1t cannot punish for contu-
macious refusal to testify without law
full excuse. There is no case where a
refusal to testify is both a misdemean-
or and contempt.
Busbee asked the chairman who
Douglas and Cook represented and the
answer was: The people and the
commission"
Douglas spoke, cOntending that the
rail way commission is a court of rec
ord and can punish for contempt; that
it surely has power to force witnesses
to answer.
Cook called on the commission to
make an EXAMPLE of Andrews; to lay
down the law and impose the extreme
penalty; to strike at the top; this was
the opportunity; strike this big OFFICIAL
and prominent citizen.
HGnO6TSO1 Sdlu III COuIC SDUiN NO"i
pei a witness to answer when he shell
tiers himself under the constitution as
Andrews had dome, that such a plea
as that today had never been Overrul-
cd in America. If these people are
guilty, prove it or them and convict
them. Tt would be a disgrace TO try
Ito force them to prove 1T. He added
that there was some power Whlch as
-'making these little wheels go round.
'fWhat is this power?" he asked. III
was a. sharp thrust at THE governor,
who is we'll understood to inspire the
entire proceedings against the uth
ern.
CThairmhan Caldwell said the mat
Her was $50 important and serious for
all concerned that no decision WOULD
be announced before Thursday.
Following is, a summary of Colonel
Andrews answer to the railway COM
mission:
Climber advice of counsel, I desire
ao avail myself of the privileges Sc
cured by the constitution of the United
States and of North Carolina, of de-
Ginning to answer the question upon
THE ground that the answer might
tend to incriminate me, or tend TO
disclose sources from Which mforma-
tion might be obtained which WOULD
tend to incriminate me. The follow
ing are the reasons which mpel me 10
claim and rely on the protection Whlch
the law of the land affords me and all
citizens of the state in Xix situation:
81. Neither in my own OPINION, not
tine opiniOn of my counsel has the
Southern railway, nor have 1, as ONE
of it's officers, violated any criminal
law by furnishing any transporta-
ton within the state, but 1T is clanrneu
by some who desire TO
criminal and civil proceedings AGAINST
the it's officers and employees,
who it is supposed have done acts I'M
puted to the company, that Ut mas F1o-
lated such law, and as the evidence
sought is to prove or e. to prove
such breach of law as they under
stand it, and as the court or last re-
sort has not vet construed the act OF
the legislature involved. l am COM
pelled to remain silent, and allow
such wtho desire TO Sucn
proceedings as aforesaid ito make out
their own case, without seeknng ana
from the officers or employees or the
Southern railway.
80. While / have at all times endeavor-
ed comply with the law of my state.
as I un1 arstand the same have been
construed by the executive, legislative
and judicial departments and TINS
board. and os / intend to avoid n IN
territorial violation of the same, L mere
by aver that if the board will
as to whom such transportation may
or may not he issued, under law, L
will see to it tina the ruling shall be
strictly followed by the Southern rail-
way. and I have no doubt all other
railroad companies in his state Will IN
like spirit comply.
'Ngain dfsclaiming any contempt for
the laws of North Carolina and this
board, I respectfully decline to answer
the present and similar questions, upon
h ground of my constitutional prlVl-
lege as set forth above"
The railway commission this after
noon disposed of several minor cases.
"A petition for the completion of the
depot at Maxton was held up at tine
request of the Ar Lane,
which stated that the Cape Fear and
Yadkin Valley railway would be sold
in a few days and limiting that the Sea
board would purchase it. and that