6

Q. 8 Do you decline to produce each and
every one of the books, papers and
documents enumerated in this subpoena?

A. Yes sir.

Q. 9 For the reason which you have
stated — under advice of counsel?

A. For the reason that I am advised
by counsel that I have no right to
take the books and papers away from
the office.

Q. 10 Mr. Bergin: Mr. Miller, as an individ=
=ual have you any possession, custody
or control of any of the books, papers or
documents mentioned in that subpoena?

A. I have not.

Q. 11 Except as an officer or employe [employee] of
the Central Pacific Railroad Company
you have no possession, custody or con=
=trol of any of those books, papers or
documents?

A. I have not.

Q. 12 Mr. Lake: You mean to say that
you have only such control of those books
and papers as, by virtue of your office
as secretary of the Central Pacific Rail=
=road Company, the law gives you?

A. Yes sir.

Q. 13 Mr. Bergin: Do the rules and regu=