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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=
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- lations of the Company permit you to take the books out of the office of the company?
Objn. [Question objected to, as immaterial.]
A. I do not know of any particular rule or regulation of the company to that effect, except that I am notified by counsel that, as a matter of law. I have no right to take them.
[By consent, an adjournment is taken until Monday, 17th instant, at ten o'clock, a.m., at the office of Judge Lake.]