Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-01

tentiary and certain reflections upon the
trustees of the penitentiary in their man
agement Of that institution.
On the third day of this session the SEN
ATE, by resolution, empowered the presi-
dent to appoint this committee to investi-
gate these charges contained in the state
examiners report, and on the eighth day
OF this session the powers OF this commit
tee were by resolution extended so that it
should be its duty to investigate thoroughly
the management of the penitentiary dur
ing the past four years.
Under and by virtue of the authority
vested in the committee by this resolution,
an investigation of the affairs of the penl.
tentlary was made.
The investigation on the part of the state
examiner was conducted by the attorney
general of the state; all the witnesses asked
for by the state examiner or by the attOr-
ney general were subpoenaed by this COM
mlttee. and all of the witnesses who ap-
peared before this committee were exam
ined.
For the purpose of arriving at the abso-
lute truth in the matter the committee
adopted rule to take the testimony of the
witnesses before it under the rules OF evil
dence which prevail in courts of Justice.
and 1t was decided to admit only evidence
that would be competent and relevant in a
court OF law.
The reason for adopting this rule of evil
dence and allowing only such evidence to
be introduced as would be admissible in
a court OF law is the same reason upon
which all the law of evidence is based Ex-
parte testimony without the presence of
the defendant and without being subject
to the test OF crOSS-eXaminatOn is not con-
sidered OF sufficient reliability to be ad-
mltted in a court Of law, nor is it that kind
of evidence which should be permitted to
take tax from public men their good name.
The committee has, however, attached the
at1idavlts that were taken before the public
examiner to this report They are made
part or this report and in this same re-
port IS the evidence OF the same parties,
taken III open court, under oath, and when
they were subjected to a cross, exanina-
ton. and which testimony denied every
single material allegation or charge that
they had made in their affidavits.
The said charges contained in the state
examiners report were based upon af1-
daVits made by the following named par
ties: Joseph Dietrich, Thomas Lennihan,
Dwight Donnelly, John Wray and Timothy
NJ. O'ConnOr. All Of these witnesses were
subpoenaed, and all who appeared were ex-
amined by this committee.
In no single case did the testimony of
any OF these men before this committee
sustain in any degree whatever the alIega-
tions contained in their af1idavits.
There is no single word of testimony nor
a scintilla of evidence before this commit
tee to sustain any one of the charges con-
tanned in their report although every op-
pOrtunity was given to the state examiner
and to the attorney general to produce any
witnesses who might be able to substan-
tiate the same.
The failure to sustain the charges is not
wholly the fault OF the public examiner
tie took as true the eX-parte atfidavits
made by the before named parties. These
affidavits We're not true and the parties who
made them denied them under oath.
Your committee, however, is of the opin-
ion that instead of making the charges a
part OF his report the public examiner, if
ne believed the charges to be true, should
have laid the same before the attorney
general, whose duty it was to apply to the
proper authority to have the officials re-
thing to make charges against public Off
Gals on the eX-parte attidavits OF ire
spOnSlble people and thus bes,nirch the
fair name or good men, and while the com
mittee is of the opinion that the public eX-
aminer did not act through malice in this
matter yet it can not refrain from con-
demnng him for hastily jumping to a con-
clusion and publishing the conclusion IN
his report before thoroughly and carefully
sitting the matter to the buttom and ascer-
tanning beyond question that the charges
were true.
In reference to the parties who made the
atfdavlts upon which the report OF the
public examiner was based your commit
tee finds that the English language is not
broad enough to adequately express Its
contempt for those parties who are un-
questlonably guilty of perjury in max ing
af1idavits, and Your committee recommend
that they be- prosecuted to the full extent
of the law.
In reference to the conduct of the affairs
OF the penitentiary for the past four years.
your committee examined into the matter
as thoroughly as it was able, subpenaing al
the witnesses asked for oy the state exami-
and bills of the institution for the past four
years, from which examination the COM
mittee finds that the penitentiary has been
conducted honestly and we'll during said
time by the warden and by the board.
Heretofore in great many cases where
committees have been appointed by the
legislative assembly to inquire into the
public acts OF public officials, and the re-
ports of such committees have been favor
able to the public officials, 1t has been
charged or claimed by the enemies, or those
who were instrumental in instituting the
investigation, that the committees were
white-washing committees, and that the re-
ports were white washed reports. There
fore, to prevent a like occurrence in this
case and to fully and completely exonerate
the penitentiary board, the warden, Clark
Haggart, and those who have had the man.
agement of the state penitentary OF this
state for the past four years, your commit
tee decided to have all the testimony before
1t, taken by stenographer, who should
make a transcript thereof, and the same
should be filed with this report in the office
of the secretary of state, where it shall re-
main as public property, to be inspected by
anyone interested at any time, and in ac-
cordance with this decision the testimony
taken as aforesaid has been transcribed
and is attached hereto and made part of
this report.
In concluding this investigation the COM
mittee has incurred expenses in subpoena
ing. witnesses and employing stenog-
rapher to take the testimony and make a
transcript of the same. We recommend