ENPages
166
Contract and Finance Company?
A. It does not.
Q. 749 How long did it stand in the name of the Contract and Finance Company?
A. I do not remember.
Q. 750 Will your stock=book, or other books kept by you as secretary of the Central Pacific Railroad Company of California, give the information asked for in these questions?
A. It will.
Q. 751 Will you please refer to that book and ascertain and state when this stock to the amount of $3,225,000 was issued to the Con= =tract and Finance Company; and, if transferred by that Company, to whom it was transferred?
A. Under advice of counsel I decline to do it.
Q. 752 Mr. Sake: You say that under advice of counsel you decline to do it: Why do you refuse?
A. Because the counsel advise me to refuse.
Q. 753 You do not refuse because you cannot produce the books from which such inform= =ation can be obtained, but simply because your counsel tell you not to produce them?
A. Yes sir.
Q. 754 You can produce them?
A. I can.
[bottom left margin:] 164
167
Q. 755 You have them here in the office, within your control — this stock=book and the other books of the Central Pacific Railroad Company of California which you have referred to?
A. Yes sir.
Q. 756 And decline to produce them solely upon the ground that counsel advise you not to do it?
A. Yes sir.
Q. 757 In what room are those books, with reference to the room in which we are now sitting?
A. They are in the vault of the next room.
Q. 758 All the books that you speak of?
A. Yes sir.
Q. 759 You are now testifying, and this testi= =mony is being taken, in the office of the secretary of the Central Pacific Railroad Company?
A. Yes sir.
Mr. Cohen: The examination of Mr. Miller will be suspended until such time as we can procure from the Court the proper order which will enable us to get the information we desire; the wit= =ness having declined, under advice of coun= =sel to answer various questions.
[bottom left margin:] 165