The Caucasian. (Clinton, N.C.) 188?-1913, 1898-01-13
that it is . rea able construction
Of the provision ,bat the witness


Of the provision hat the witness
be protected from being compelled to
disclose the circumstances OF his
offence or the sources from which, or
the means by which, evidence Of its
com mmi ssion may be obtained and used
for his conviction, without using his
answers As direct admission against
him. No statute which leaves party or
witness subject to prosecution after he
answers the eliminating question put
to him, can have the effect Of supplant-
ing the privilege conferred by the
Constitution.
~ submit" said Mr.. Busbee, THAT
the Southern Railway Company IL not
called on to furnish evidence of its
own violation of the law of the land.
| It IL possible that Mr.. Munson's evil
dence might do this. And l ask now
if his testimony is not desired for the
purpose Of showing a violation Of sec
ton 1 Of the Railroad Com mi on
Act?"
Chairman Caldwell-"The question
is competent in two aspects Either as
giving us information on which to base
rates, or as showing that the Southern
Railway has been violating the law for
bidding discrimi nation in rates. And
in either case the witness cannot shell
ter himself behind the constitutional
provision against eliminating himself
He IL only an agen, and it 10 against
the principal that an action must lie
for any violation of the law"
Mr.. Busbee-"I wish to ask another
question. Suppose the witness should
answer the question you ask in such a
way as to show that a plain statute had
been violated, would the witness, as
agent, be indictable for aiding and
abetting the misdemeanOr?"
Chairman Caldwell-"It is not our
purpose to put the information to that
use"
Mr.. Busbee-"But that makes no diff
ference, this Commission cannot cop-
troll the criminal courts or say what
shall come before the grand jury"
The Commission ruled that the tes-
timOny was competent and that they
had right to know the facts.
Then the examination of Mr.. Nun
son continued, but he declined to an
swer !any material question asked him.
He was held in contempt.
Mr.. Henry w. Miller, Private Secre-
tary to Col. A. b. Andrews, was then
called to furnish information as to the
issuance of free passes by the Southern
i n the years of '95, '96 and '97.
Chairman Caldwell asked Mr.. Miller
to state what knowledge he had of any
free passes or dead-head tickets being
issued and given by the Southern Rail
way Company to individuals for the
years 1895, 1896 and 1897.
Mr.. Miller declined to answer, giving
exactly the same reply as did Mr.. Mum
son in the first question asked him.
Col. A. B. Andrews, Vice-President
of the Southern, was the next witness
examined relative to the issuance OF
free passes.
The first direct question to Colonel
Andrews by Chairman Caldwell was
State whether Or not there is a rec.
ord kept in your office of the number
of passes and to whom issued by your
Company for the past three years?
| Col. Andrews: There Is a record OF
most of them, yes.
q. Where is that record?
A. do not know.
Q. In your office?
| A. | do not know. At the end of the
year it is generally sent to Washing
ton. There often destroyed.
| Further close questioning failed tt
prOuuCe any material information II
the Commission. Col. Andrews fire.
quently resOrting to the answer givel
by Mr.. Munsen as above printed.
| Chairman Caldwell then announce'
that Col. Andrews would come unde
the ruling cOncerningl the first wit
ness, so Col. Andrews was adjudged il
contempt of court.
Mr.. Pearson stated to Col. Andrew
that similar action had been takel
against other railroads for the issuanc
of freee passes. He stated that tn
Commission had no hostility toward
the Southern, and that he did not wan
it to appear that there was any dis
crImination.
Mr.. Potts was then examined, bu
like the other gentleman either evade
or refused to answer questions pre-
pounded.
Chairman Caldwell then announce
that the Commisson, for reasons bes
known to the members, would not tax
action to-day, but that notice would b
served on the witnesses to show caus'
Thursday next, why they should nc
. be attached for contempt of court. Th
Commission then adjourned.