The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-02-16
MIR. PEARSON AND DIR. ABBOTT
Both Explain Their Action Touching
Those Suhpoenas.

Those Subpoenas.
Another chapter in the Pearson Abbott
subpoena incident was written yeSter-
day. Pearsom writes card defending
his action and DIR. Abbott comes out IN
an interview quoting from the Railroad
Commission act and rules of practice
to show that he had right to have
such witnesses summoned as he thought
proper.
Pearson's card is as follows:
"To the Editor: Your Sunday paper
contained special from Raleigh re
garding the state of mind DIR. Abbott
was in. touching the holding up of GER
tain subpoenas which he (AbbOtt) had
assumed the authority to order Clerk
/ Brown to issue, without any consulta
ton with either Chairman Caldwell OF
myself. All subpoenas issued have
been done by a majority of the board,
and no one commissioner save DR.. AID
bolt has presumed to do otherwise. In
our last meeting Commissioner Abbot
moved that the officials of the Seab0aru
Air Line aDd the Atlantic Coast Lane
be notified t. appear before the Com
mission on tho 18th instant, and state II
any reduction had been given hotels ID
freights or supplies on their lines. Inns
was unanimously carried, and the clerk
was directed to subpoena Mr. st. J0hD
and Mr.. Elliott. If DR.. Abbott desired
the array of witnesses which his sub
poenas called for, why did he not ask
for the order during our meeting. but
wait until consultation with the South
crn Railway and others, and then at
tempt to make 1T appear that Mr.. Gald-
we'll and myself were shielding other
roads? As yet there is no information
from the latter corporation (the South
Crn Railway to reply to. they having
persistently refused to answer any
questions on the ground of discriminating
themselves. This DR.. Abbott well knows
If the courts decided they cannot be
made to answer what rates were
charged to Round Knob and other
points, it is quite fair to make the other
roads in North Carolina show their list
Of free passes and freight books, espe-
cialy when they have expressed will
lingness to comply with the orders Of the
Commission III that matter?
Il have treated DR., Abbott with mark
cd courtesy since | nave been on the
Board. and / desire to say that as a
railroad commissioner, / shall know no
railroad in the discharge of my duties,
when like conditions, circumstances and
business present themselves. The Gov
ernor of North Carolina has at no time
attempted to dictate what | shall do,
nor were the subpoenas held up at his
instance, l having directed Mr.. Brown
before seeing him.
"Regretting that | have to appear III
a card to make this explanation, l am,
Very truly yours.
"JNO. H. PEARSON,
Railroad Commissioner"
The above letter was called to DIR.
Abbott's attention last night
Il desire to say" replied the Doctor,
chat | did not as Mr.. Pearson says.
assume the authority to order Clerk
Brown to issue subpoenas. Section y
of the Railroad Commission Act, says:
That adj subpoenas for witnesses to
appear before said Commissioners, or any
one or more of said Commissioners, and
notice to- persons or corporations, shall
be issued by one of said Commissioners. !"
Rule 10 of our rules of practice, says
'Subpoenas requiring the attendance OF
witnesses can be issued by any member
of the Commission in all cases and pro-
ceedings before it,
II did not, as Mr.. Pearson says, wait
until consultation with the Southern
Railroad and others, and then attempt
to make it appear that Mr.. Caldwell and
Mr.. Pearson were shielding other roads.
Neither did l allude to Mr.. Caldwell, in
i any way, when speaking of this mat.
ter.
Il differ with Mr.. Pearson if he con
Siders his action in directing CLERK
Brown to hold up the subpoenas, which
] had directed him to issue, an instance
! of marked courtesy towards me.
As to his consulting with Governor
Russell, / will say that that suggestion
d-t not originate with me. 1t is none
of my business, and a matter of entire
Indifference to me, whom Mr. Pearson
consults."