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
and facts definitely charged, which are in
the jurisdiction Of the senate, it would
have certain prerOgatives and powers in
procuring the attendance OF witnesses, and
the giving Of testimony hat 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 TO investigate
proceedings which TRANSFERRED long prior to
the admission of North Dakota as a
state, and while this wa 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 a 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
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 a subpoena; a subpoena IS q process
used by q cOurt or other competent tribu-
nal or officer, printed or written, or partly
printed and partly written, directed to a
DClo Ol GllCICll 1tuluCu, ulU lClulIllS !ltll
to attend at a particular time and place to
testify as a witness; it may contain II
clause directing the witness to bring with
him any book, writing, Of other thing under
his control, which he is bound by law
to produce as evidence. The subpoena
should be served upon the witness by the
sergeant-at-arms, 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 anne should be paid
in order to secure his attendance; if such
witness neglects or refuses to appear in
answer to said subpoena, that fact should
BIZ reported to the senate which may by
resolution order the sergeant at rms to
arrest the witness and bring him before
the bar of the senate. By arrest l mean
the taking Of the person into the actual
custody of the Sergeantra at. arms 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 70 Compel. a witness to
torture; since those methods have become
obsolete, l know Of no means that may be
legally adopted to COMPEL a witness to
testify.
You ask further what power or author
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-
many IL n,oforiol IN fhn ics,,n u ,yifnnoc
would not be guilty of perjury in swearing
falsely nor subject to punishment for con-
tempt in refusing to testify. If the condi-
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
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 l am not aware
that that there any statute in
rnis Ssate of a a Witness fqr con 5he Inv nv
the legislature in the common Jail. Your
last question, asking in what manner and
y 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
formation you are respectfully referred TO
pages 369 to 4O6 inclusive of C%ushing'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
mittee is engaged in investigating definite
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-
ton. upon that subject, l wish to be under
stood as expressing no official opinion.
Respectfully submitted,
GEORGE f. GOODWIN,
, Attorney-General.
= 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:
SENATOR LAMOURE's REMARKS.
On two or three former occasions this
senate has thought it necessary in the pros.
ecution of certain inquiries to ask what
W No Gilo iCSdl duNlStI VI NOTtIl
Dakota, for certain modes Of procedure,
and a duly organized committee of this
senate has seen tit TO make the same re-
quest E M
Now, the person who occupies the posi-.
ton Of legal advisor of the state should,
with the Intelligence that predominates in
North Dakota, be qualified to fill
(which, l regret to say, is not the case
at tpresent. And this man has seen fit to
throw upon US his vile slang and insinua-
lions and i%nnuendoes against, not only the
integrity and dignity, but also the intelli.
gence Of this senate, which i%nnuendoes, !
for one, spurn. 1 have taken some trouble
to look this matter up and to ascertain the
proper course to pursue in the premises.
These midnight assassins Of cha acter
have gone out and asserted that this man
was bribed and that that man was brlbed
and have kept hired attorneys here from
Minneapolis to protect them in case Of
action for libel.
This man, who is our legal adviser. never
was known to enter q court with a brie1
prepared by himself. Stone and Newman
were always his legal advisers, and when