The news & observer., 1898-01-12
MISDEMEAkOR CHARGED
REFUSED TO TESTIFY BEFORE
THE COMMISSION.
DID sEABoAaD GIVE PASS TO PEARSON ?
It Has Been Presented For Doing So Bills
of Indictment in Both Cases Drawn
by the Solicitor Last

Night.
Col. k b. Andrews, vice president OF
the North Carolina Railroad, his private
secretary, Mr.. Henry W. Miller, and his
local agent here, Mr.. r. l.. Potts, were
yesterday presented by the grand jury
for refusing, last Saturday, to answer
certain questions asked them by the
Railroad Commission, or to allow an in
spection of their books. Mr.. Munsor
seems to have been overlooked.
The Seaboard Air Line was also pre-
sented for giving a pass to Mr.. John ii
Pearson, one of the new Railroad Com
missioners 1t is a pass alleged to have
been given him while he was member
of the Legislature.
The bills in both of these cases were
drawn last night and the cases will prob,
ably come up for trial the latter part OF
the week.
The section of the Railroad Commits
sion Act. under which Col. Andrews and
his associates are to be indicted, is sec
ton 40, and reads as follows:
1.-THE CommisS. .oners shall have power
to summon and examine witnesses and
require that books and papers shall be
presented to them for the purpose OF
obtaining such information as may be
necessary to aid in determining the val
uation of any railroad property. Any
president, secretary, receiver or account
ing officer, servant or agent of any rail
road or steamboat company having any
portion of its property or roadway III
rN-1aa cha al r@hf
before the Commissioners when required
to do so, or refuse to submit to the In
spection of said Commissioners any
books or papers of such railroad com
pany in his possession, custody or con
troll, or shall refuse to answer such ques'
tions as may be put to him by saGd Com,
misisoners, or order touching the bust.
ness, property, moneys and credits and
the value thereof of said railroad COM
pany, Shall be guilty of misdemeanor,
and on conviction thereof before any
court of competent jurisdiction shall be
confined in the jail of the county not ex-
ceeding thirty days and be fined in any
sum not exceeding five hundred dollars
and costs; and any president, secretary
receiver, accounting officer, servant OF
agent aforesaid so refusing as aforesaid
shall be deemed guilty of contempt OF
such Commissioners, and may be con-
fined by order of said Commissioners in
the jail of the proper county until he
shall comply with such order and pay
the cost of his Imprisonment"
It's game of chess.
1t is being played by the Governor and
his new Railroad Commissioners, on the
one side, and by the Southern Railway
and the old Commissioners OH the other.
The latter seem now to be about ''check-
mated"
1t began, of course, with the play OF
minor pieces, then the Governor castled
his king by calling on the Commission
ers to make answer to the charges
against them.
The first check came when he later
removed them and appointed new men
Now the game was getting inte 'esting
Moves were made slowly and witt great
deliberation, while the crowd looked on
with deepest interest.
The check was met by an appeal tC
the Superior court. That did not Ions
was one of attack. He was in the game
to win. Check" he murmured when
Judge Robinson decided with him here
did likewise at Statesyille. The opposi
ton promptly protected their position by
an appeal to the Supreme court. But
it was not long before the silence of the
game was again broken By the same
ominous "check;" for the Supreme court
also was with the Governor. Then as q
final "checkmate" came the execution
which was put into the hlnds Of the
sheriff; but it was no ''checkmate'' the
opposition made it ''gambit," py sacri
ficing the office and appealing to the
Supreme court of the United States
But a further effort to entirely recover
their position will be made Iext Mon.
day when the supersedeas is argued.
The game has now become fast and
furious and the interest of the spectators
is intense.
In the meantime, while the Governor
and the old Commissioners have beer
fighting, the new ones and the Southern
Railway have not been idle.
The new Commissioners wanted u
know whether passes were still Lelpe
issued and why Otho Wilson was giveI
special rates ON his furniture to Rouno
Knob. They set about finding out, bu
the Southern fatty refused to tell CT
let it's books be seen. The CommisloI
threatened contempt, and tomorrow tbt
threat will either be carried out or the
case dismissed.
Now comes this presentment and TO-
day a criminal indictment. Now life
is no bed of roses for the Southern
Railway. OF course the case will go to
the Supreme court and the law again
there tested, but it is not a pleasant
thing to have a criminal indictment
pending against one under any circum-
stances.
Since the presentment Of yesterday
was made it is the general belief that
the Railroad Commission will tomorrow
also be pretty severe ON these officials
for their contempt.