OCR Text |
Show 140 INTERSTATE COMPACTS "10. The Commission shall have the power to compel the attend- ance of witnesses and the production of any papers, books, documents and records for any purpose that may be necessary to ascertain that the provisions of this compact are at all times complied with, and any member of the commission shall have power to administer oaths to ail witnesses who may be called before it. Subpoenas issued by the com- mission shall be signed by one of the members thereof within the jurisdiction of the state from which he has been designated and may be served by any person of full age. The fees of witnesses required to attend before such commission shall be five dollars for each day's at- tendance and ten cents for each mile of travel by the nearest gen- erally travelled route in going to and from the place where the attendance of the witness is required, such fees to be paid when the witness is excused from further attendance, and the disbursements made in payment of his fees shall be audited and paid in the same manner provided for the payment of expenses of said commission; provided, however, that no witness subpoenaed at the instance of parties other than such commission shall be entitled to compensation therefrom for attendance and travel, unless the commission shall certify that his testimony was material to the matter investigated and necessary or essential for the effectuation of this compact. If the person subpoenaed to attend before the commission, or a member thereof, fails to obey the command of such subpoena without reason- able cause, or if a person in attendance before such commission, or a member thereof, refuses, without lawful cause, to be examined or to answer a legal or pertinent question or to produce a book or paper or other document when ordered so to do by the commission, or any member thereof, the commission, or such member thereof, may apply to any court of general jurisdiction in the state or county wherein such testimony is taken or to be taken, and such court, or any judge or justice thereof, shall have power, upon proof, by affidavit, of the facts to make an order, returnable in not less than two days nor more than ten days, directing such person to show cause before the court, or the justice thereof, who made the order, or any other justice or judge hav- ing jurisdiction, why he should not comply with the subpoena or order of the commission. Upon the return of such order, the court or justice or judge before whom the matter shall come on for hearing shall examine such person under oath, whose testimony may be rele- vant, and such person shall be given an opportunity to be heard, and if the court or justice or judge shall determine that such person refuses without reasonable excuse to obey the command of such subpoena or to be examined or to answer a legal or pertinent question or produce a book, document or other paper, which he was ordered to produce, said court or justice or judge may order such person to comply forth- with with the subpoena or order of the commission, and any failure to obey such order of the court or justice or judge may be punished by said court or justice or judge as a contempt of such court. No per- son shall be excused from testifying or producing any books, papers or other documents subject to the authorization of this article upon the ground that his testimony might tend to incriminate him or to subject him to a penalty or forfeiture. But no person shall be prose- |