Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-03-07

the facts constituting the said premises.
II the committee are investigating matters
the Jurisdiction of the senate, it would
have certain prerogatives and powers in
procuring the attendance OF witnesses, and
the giving Of testimony that would he
wholly wanting if the committee are seek
ing to investigate mere rumors, or charges
over which the senate has no jurisdiction.
1t might be we'll for the senate to inquire
whether it has jurisdiction 70 investigate
proceedings which transpired long prior to
the admission Of North Dakota as a
state, and while this was a part of the ter
ritory OF Dakota.
Again, in my opinion it would be ex
tremely difficult for the senate to obtain
control of rumor such as is spoken of in
the various resolutions adopted by your
honorable body, much more to investigate
it. Again you ask what authority or power
this senate has to compel a person duly
subpGnaed to appear and testify under
oath or affirmation. If the matter under
investigation is one over which the senate
has jurisdiction, the proper method to Sc
cure the attendance OF witnesses is to first
issue subpoena; subpoena IS process
used by q court or other competent tribu-
nal or officer, printed or written, or partly
printed and partly written, directed to a
person therein named, and requiring him
! to attend at particular time and place to
| testify as a witness; it may contain Il
clause directing the witness to bring with
him any book, writing, or other thing under
his control, which lie is bound by law
to produce as evidence. The subpoena
should be served upon the witness by the
sergeant-atarms either by reading or by
usual place of residence. If the witness
demand his travelling fees and fee for one
days attendance when the subpoena is
served upon him, the same should be paid
! in order to secure his attendance; il such
witness neglects or refuses to appear in
answer to said subpoena, that fact should
| be reported to the senate which may by
resolution order the sergeant-at-arms to
| arrest the witness and bring him before
| the bar of the senate. By arrest / mean
the taking Of the person into the actual
| custody of the sergeant-ata by force
| if necessary and bring his body before the
senate. Under the former practice of the
star chamber and inquisition, the most
effective method to COMPEL witness to
testify was by putting him to the rack or
torture; since those methods have become
obsolete, l know of no means that may be
legally adopted to COMPEL a witness to
testify.
ity Is vested in or possessed by the senate
to punish any person refusing to appear in
obedience to o subpoena issued by such
committee and duly served, or refusing to
swear or affirm or refusing to testify be-
fore such committee. An answer to this
question depends, first, upon the question
Of jurisdiction already explained, and
second, upon the further question whether
the testimony sought to be ELECTED from
the witness is material to the issue under
investigation. Unless the desired testi-
mony is material to the issue, a witness
would not be guilty of perjury in swearing
falsely nor subject to punishment for CON
tions heretofore explained exist and the
facts are duly reported to the senate, it
would have authority by resolution prop
erly drawn and duly adopted to order the
| Imprisonment of the cOntumacious witness
for period not exceeding thirty days and
in any event not extending beyond the
close of the legislative session. In the alb
sence of any statute providing the place OF
| Imprisonment, in my opinion the witness
! could only be committed to the custody OF
the Sergeant-at-arms; and am not aware
that there any statute in
this state authorizing the i'm
prisonment of 2 witness for contempt by
last question, asking in what manner and
~ what means and proceedings and in
what form the senate should proceed to
enforce any such perOgativeS, authority or
power, think is sufficiently answered by
what have already said; for further in
pages 1863 to 406 inclusive Of Cushing's law
and practice of legislative assemblies.
The foregoing opinion as to the preroga
tiveS, authorities and power Of your hon
orable body with reference to securing the
attendance and testimony of witnesses and
Furnishing such witnesses for contempt is
based upon the assumption that the com
| rniffaQ 10 qna6 in iDvpSfirQfinn 1afipito
charges over which they have jurisdiction
and that the testimony sought to be OBJ.
tanned is material to the issue involved
And for the reasons heretofore given that
this office has not official information as to
the nature or purpose Of such investiga'
tiOn. upon that subject, wish to be under.
stood as expressing no official opinion
Respectfully submitted, ,,. ..
! GEORGE F. GOODWIN,
| a. s.,+seu. Attorney General.
l. The clerk was reading this opinion when
Mr.. LaMoure moved that further reading
of "that stuff be dispensed with and gave
his reasons as follows: &
4 SENATOR LAMoURE's REMARKS
! On two or three former occasions thi:
senate has thought it necessary in the pros
ecution of certain inquiries to ask what
purpOrts to be- the legal adviser of North
Dakota, for certain modes of procedure
and a duly organized committee of this
senate has seen fit TO make the same re.
quest ~ d. II
Now. the person who occupies the posi-
i tion of legal advisor Of the state should
with the intelligence that predominates in
i North Dakota, be qualified to fill
ir-whlch, regret to say, is not the case
atpresent. And this man has seen fit tc
throw upon US his vile slang and insinua
tiOns and innuendOes against, not only the
integrity and dignity, but also the intelli
Rence Of this senate, which innuendOes,
| for one, spurn. have taken some trouble
to look this matter up and 70 ascertain thu
proper course to pursue in the premises.
! These midnight assassins Of cha actel
have gone out and asserted that this maj
i was bribed and that that man was brlbe(
! and have kept hired attorneys here frou
Minneapolis to protect them in case o
action for libel. ri5 .5 Fl q :i55y a55. 4.
This man, who is our legal adviser, ,neye,
i was known to enter a court with a brie
i prepared by himself. Stone and Newman
4 were always his legal advisers, and Whei