The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-13
PLENTY OF LAW
Discovered to Compel Witnesses
to Talk Before the Brib-
cry Committee.

Witnesses who hereafter appear be-
fore the bribery investigating commit
tee will be compelled 70 testify or take
chances on ba4ngs committed for con-
tempt The committee and the attoreny
general did not know of the existence
of the law until today when Frank
Forrest, sergeant-at-arms of the COM
mittee, upon the suggestion of D. c.
Tillotson, examined the session laws of
1891 and presented to the committee the
following statutory provisions enacted
at that time.
Be it enacted by the legislature of
the state of Kansas:
Section 1. Any committee appointed
by the senate and house of representa-
tives of this state to investigate the
conduct of any officer, board, commit
tee, or department of state, or any 9TH
er matter, shall have the power to issue
subpoenaes in the name of the state, to
compel the attendance of witnesses
from any part of this state, the pro
duction of any book or papers, and
generally shall have the same power
with reference to procuring testimony
bearing upon the subject matter under
investigation, as the district court
would have in any case or trial in such
court.
Section 2. No person shall be excused
from answering any questions pro-
pounded to him by any such commit
producing any book or papers which
anv such committee shall
deem relevant and material to the
subject matter under investigation up
on the grounds or for the reason that
such testimony will criminate such wit
ness But no such testimony shall
thereafter be used IN any prosecution
that shall be brought against any such
witness, nor shall it be used in any
way to criminate any such witness, ex-
cept for perjury charged in so testi-
flying.
Section 3 provides that any person
who shall swear falsely shall be guilty
of wilful perjury and subjected to the
penitentiary for term of not exceed
ing seven years.
The law was approved February %,
1891, and became operative after pub
licatiQn the day following.
REPRESENTATIVE J. NJ. Doyle of Re
public county was on the stand at the
time and refused to give certain names
to the committee. Attorney General
Boyle came huFrying into the presence
of the committee, following Forrest,
who had carried the statutes down to
his Office In the meantime the MEM
bers of the committee had read the law
and were satisfied that the power which
they had previously claimed, but had
been unable to discover was finally in
their hands.
Mr.. Boyle explained to Assistant At
torney General Smelling, who was con-
Quoting the examination, that a law
the witness, Mr.. Boyle said:
Il will be perfectly frank with you
and say that 1 did not know of the ex-
istence of such a law. but it has been
found that the legislature of 1891
passed an enactment which gives a
committee the power to commit wit
nesses for contempt. 1 deem it wise
that YOU should be informed of these
things and therefore tell you, in order
to ask you to give US the name of the
person you referred to-" Mr. Doyle
responded promptly, as indicated in the
report of the proceedings of the morn
ing session.
Having discovered the law. it is
claimed by some that it applies to com
rnittees which are selected to conduct
Investigations during the legislature.
The question is also raised that this
committee which is now at work is not
a legal committee, not having been au-
thorized to sit after the close of the
legislative session
However, whatever claims may be
made with reference to the provisions
of the law the committee will attempt
to enforce it. and if necessary. commit
witnesses who refuse to testify.