Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-04-28
II, CLARK DAVIS DEFIEs THE IN
yEsTIGATING COMMITTEE.
FLkTLY REFUSES TO TESTIFY.
DECLARES THE COMMITTEE Is AB-
soLuTELY WITHOUT POWER.
xy;u Re Committed for Contempt To-
day and VIII Carry Case to SUI
preme Court-Promises to
Bring No Damage
Suits.

expected has finally happened in regard 10
the bribery and Doodle investigating COM
,nittee Its authority to compel witnesses
10 appear and testify was denied to-day
and operations were suspended until the
supreme court has an opportunity TO de-
fine the powers of the committee
After a recess of two weeks, the commit
tee reasssmbled this. morning for the pur-
pose of taking more testimony that would
tend TO besmirch the Populist party. Rep
resentatiye Davis, of Wilson county, was
called 10 the stand and his examination
had proceeded for about ten minutes. when
he refused to answer some Of the ques-
tions propounded by the attorney general
He knew of representatives who had been
offered money, and also of some who had
accepted Doodle during the last session of
the legislature but he refused to tell their
names.
He invited arrest for contempt, and told
the committee that he would waive any
claim for damages in the event he was in
carcerated and the court decided that the
committee had no power to sit. He wanted
to find out whether the committee had any
power. He did not believe It had.
The record was made out in regular form
and a recess was then taken. The papers
for commitment were prepared. but Davis
asked that no action be taken until to-
morrow morning. He sent home for his
attorney, and he will be here to defend his
client.
Davis will be arrested the first thing to-
morrow and ordered to jail. He will make
application to the supreme court for his
release on a writ of habeas corpus. This
Will be argued Immediately. II the court
decides that the committee has no power.
the investigation will be declared off. If it
upholds the committee, then Chairman
outcalt says there will be some fun or an
exodus.
Davis takes the position that the COM
mittee virtually died when the legisla-
ture adjourned, as the resolution under
which IT was appointed did not specifically
give ii power to sit after adjournment. The
committee claims that, although the reso-
luton does not contain any clause giving
it authority after adjournment, yet it was
the intention of the legislature that il
should sit thereafter. and cites as an in
stance to back 1t up that the appropriation
was not made until the last night of the
session. and provided that no money should
be paid out, providing a criminal prosecu-
tion for bribery was commenced before
May Is.
Representative T. C. Davis, Populist, of
Wilson county, who subsequently caused
the commotion by questioning the powers
OF the committee, was the first and only
witness called for the day.
Asked by the attorney general concern
inS the testimony given by witnesses on the
stand before, linking his name with some
Doodle deals, the witness said:
In regard TO the evidence of Speaker
Pro Tenn Weilep, of Cherokee, that had
told him that j had been offered money by
Bale Waggener to vote against the Brown
railroad bill, will say that Mr.. Weilep was
mistaken. l never told him any such u
thing was at Waggener's room, and,
when I left it, met Weilep in the corridor
of the same hotel. and we talked for a long
time over various matters then bending in
lon that We could get some money for our
votes on the railroad bill, but did not say
that an cffer had been made me, nor was
Were you offered any money for your
vote on any bill?"
Did you tell DR.. Marks or Speaker Street
that money was offered you?'
made such statement to them.
DO you know of any member who was
offered money for his vote or influence in
81 know absolutely, of my own knowl-
edge. that certain members were offered
money. and some got it,
Go ahead and tell what you know"
One member told me he was offered s., ,00(
for his vote. Another told me he had re-
who were they?''
"I decline to give their names j know
them, but to tell will do no good. Ny
name has been mixed up here in this in.
veStigation to my injury. but, notwith-
staEdng this,I will not cast any reflections
on single member of the legislature by
mentioning names do not refuse tc
testify because / will incriminate myself
but because 1t will do no good to anybody
10 throw lot of insinuations and charges
out against members.
Arc Won a hat II
to testify2" asked the attorney general.
No. am not. and don't think you can
II you can, why have you let everybody
else off who refused to give names? It 1.
not fair TO me TO ask me to give out in
formation that YOU have not compelled
others TO give out. Furthermore, 1 will
Chairman Outcalt-"Mr Davis. this com
mitiee has the power to compel witnesse.
10 testify. We did not know it when W,
first started out. l would advise you t
tell what you know and avoid trouble"
am not looking for trouble. but
refuse TO give the names you want. By
the way. Mr.. Chairman. what are the OBJ
1ects OF this investigations"
To ferret out corruption in the last leg
islature," replied Outcalt.
We'll. Ii looks to me as though th,
thing was huge farce" broke in Davis
You seem TO be furnishing the newspa
pers with much gossip TO the injury O
our party. ! have driven over my count,
since last you met and consulted with m,
cor stituents. They claim you are hurtin:
the Populist party all over the state ar
injurinE the fair name of Kansas and ac
con.pishing no good whatever. Now. yol
had better find out what your powers are
If you can't compel a witness to testif-
the sooner you find 1t out the better an,
pull this farce off. If you have the powe
then go ahead and probe TO the bottom,
Establish your authority first and the
treat all alike. l know that this thing i
inJuring our party in my county and tha
IS no exception to the rule as to othe
counties.
You don't want 10 be the witness to b