The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-01-11
THEY DECLINED %
ANSWER QUESTIONS
MORE TROUBLE ABOUT ROUND
KNOB HOTEL.
DID THE SOUTHERN GIVE
OHIO WILSON A RATE?
The Wce-President and his Agents Decline to
Tell Commission lntimates that they Must
Do So or Go to Jail Given Till Thurs
day to Decide About it.

w w ~
day to Decide About it.
CFrom Last Sundays News and Observer
The Railroad Commission hooked up
their horses yesterday morning, set their
coulter exceedingly diggin', cracked their
whips and began a sort of subsoIllng
that turned up Il sensation.
This sensation was the attachment of
Col. A.. i. Andrews, yice-presldent OF
the Southern Railway, and his private
secretary and two agents for contempt
for refusing to answer certain questions
and produce certain books giving infor-
nation touching the Issuance of free
passes and determinations in freight
rates in favor of S. Ohio Wilson, while
he was Railroad Commissioner and rum
ming the Round Knob hotel, where the
trains stop for meals a-comln' and a
gwine.
-Four witnesses were examined: Mr..
J.. B.. Munson, division freight agent;
Col. \. 3. Andrews, yice-president; Mr..
II. w. Miller, his private secretary, and
Mr.. r. L. Potts, local agent.
Most of the examination Of witnesses
was held at the morning session, and
Col. Andrews. Mr.. Munson and Mr.. Nil
Ter were adjudged in contempt for re
fusing to answer the questions asked
them. Mr.. Potts alone escaped, on the
plea that he had not had sufficient time
to find the information desired. He was
given time and when the time expired
he declined to furnish the information
and he too. must share the fate of the
others.
The investigation began with Mr..
J. B. Munson on the witness stand
Before he was asked any questions,
I-.-~. 1T. II II T,rIO0 oa,rco1 fnr
the Southern Railway, objected to the
examination on the ground hat the
admission Of such evidence az the Com
mission was seeking from Mr.. Munson
might show a violation of section 4
of the Railroad Commission Act, which
provides that if any railroad shall di-
rectly or Indirectly charge any person
greater or less compensation fer any SER
vice rendered in the transportation Of
passengers or property thar 1t charges
another for doing a like service, under
substantially similar circumstances,
such railroad shall be deemed guilty of
unjust discrimination, and shall be,
upon conviction, shall be fined not less
than s $1,000 nor more than $1,000 for
each. and every ~offense.
Under this provision of the law, the
admission of Mr.. Munson's evidence
would, Mr.. Busbee thought, be a
violation Of the fifth amendment to the
Constitution Of the United States, which
declares that no person shall be COM
PEELED in any criminal case to be a
witness against himself"
The meaning Of this constitutional
provision, Mr.. RHsbee explained, is not
merely that a person shall n6S be com
PEELED to be a witness against himself
in a criminal prosecution against him
cole. l74+ +l,+ -, NITno+ ic 10 insure
tina a person shall not be compelled,
when acting as a witness in any in
vestigation, to give testimony which
may tend to show that he himself has
committed q crime. In the case of
Counselman vs.. Hitchcock, U. S. 142-
547, the United States Supreme court
has given this construction to this con-
stitutional provision. In doing so the
court says that it is a reasonable con
structiOn Of the provision that the wit
ness be protected from being compelled
to disclose the circumstances Of his
offence or the sources from which, or the
means oy which evidence Of its commits
sion may be obtained and used for his
conviction, without using his answer a.
direct admissions against him. No statute
which leaves party or witness subject tt
prosecution after he answers the crlmi
mating question put to him, can have
the effect of supplanting the privilege
conferred by the Constitution.
81 submit" said Mr.. Busbee, chat thu
Southern Railway Company is not calle(
on to furnish evidence Of its own viola
ton of tie law Of the land. It is pos
sible that MI. Munson's evidence nigh
do this. And 1 ask now if his testimon.
is not desired for the purpose o
showing a violation Of section a OF tn
Railroad Commission ActT
Chairman Caldwell-"The question
competent in two aspects: Either a
giving US information on which to bas
rates, or as showing that the Souther
Railway has been violating the Ia
f%orbidding discrimination in rates. An
in either case the witness cannot she
ter himself behind the constitution;
provision against eliminating himsel
He is only an agent and it is against tt
principal that an action must lie fC
any violation Of the law"
Mr.. Busbee-'I wish to ask anoth'
question. Suppose the witness shou
answer the questions you ask in such
sway as to show that a plain statute h;
Been violated, would the witness,
agent, b. indictable for aiding al
aDe1ing the misdemeanor"
Chairman Caldwell-"It IS not o
purpoSe to put the information to th
use"
Mr.. Nusbee-'But that makes no d
ference,\ this Commission cannot CO
troll the \ criminal courts Of say WI
shall COME before the grand jury"
The Commission ruled that the ties
mony was competent and that they
@ right to KNOW the facts.
Then the examination of Mr.. Nun,
~began-if exaApinatiqg it may be cal
for he declineN>t to answer every mate
question asked.\
Chairman Cakdwel1-"Nr. Mons