The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-03
KANSAS LEGISLATURE.
The Senate Makes a Farce of
the Bribery Proceedings.
Find Tutcher Guilty of Con-
tempt Then Turn Him Loose.
Senate Makes Big Fuss and Backs
Down Without Action.

man who was arrested by order of the
senate yesterday morning on the charge
of attempted bribery, was discharged
by that body, after having been found
guilty of contempt, with the simple or
der that he absent himself, not only
from the senate chamber, but from the
capitol building during the remainder
of the legislative session. This dis
charge ends the bribery proceedings as
far as Tutcher is concerned
In explanation of the clemency shown
Tutcher, Senator Jumper, the member
who preferred the charges against him.
said last night at the conclusion of the
contempt trial:
1T was at my suggestion that GRIM
inal proceedings were not pressed
party we are after. The fellows we are
after are the men behind him who
authorized him to make these offers,
and although I am not now at liberty
to say how we will go about it, think
we will get them. This contempt pro-
ceeding simply opened up this matter,
and taught Tutcher lesson 1 did not
swear out a state warrant for him as
ecute the old man, but Senator Titus
has sworn out warrant for the man
Boyd
The contempt hearing commenced in
the senate shortly before nine o'clock
last night. The matter was first brought
up in the senate yesterday afternoon,
but the proceeding had progressed no
farther than the entering of a plea of
mot guilty by Tutcher, when Senator
FOrney moved to postpone the hearing
until o'clock last night. This move
was made SO that the senate might
proceed in the regular order of business
and also to allow the prisoner to secure
counsel. The motion carried.
When the senate convened at 8O'c1ock
counsel for the defendant was present
in the persons of Hon. J. G. Mohler
and Clarence Wilson, both of Salina.
Mr. Mohler at once asked that the
complaint under which the warrant
was concluded. he then requested that
Is minutes be allowed for conference
with the defendant. This request was
granted, and Tutcher and his two at
while the senate took a recess.
AT the end of the specified time, the
defendant and his counsel returned to
the senate chambers, and Mr.. Mohler
plea of mot guilty" entered by the
prisoner in the afternoon, for the pur-
pose of entering special plea This
special plea held that the defendant
senate had no authority to sit as a
court for the trial of criminal case.
Mr.. Mohler then entered into an ar
intended to show that the case
was not a case of contempt, in which
he said:
Amy disorderly conduct, which i'm
pedes the performance of legislative
duties, is a contempt. The charge
against the defendant is, that he made
a certain proposition Nto~a member of
the senate, not in the presence of the
do not understand this to be con-
tempt. Besides, the charge made
against the defendant is a violation of
the criminal law of the state, and can
only be tried before properly appointed
Attorney General Boyle, who took
charge of the prosecution on request of
the senate replied to Mr.. Mohler. He
said:
All men who are familiar with the
proceedings of legislative bodies know
that any act which tends to interfere
or obstruct in any way the legislative
proceedings is a contempt. The usual
form of contempt out of the presence
of the body is disobedience to some or
der. But this is not the only form of
contempt. To interfere with the free
and impartial conduct of a senator
when out of the presence of the body
would certainly be contempt. For a
man to slip into the senate chamber
and attempt to corrupt a member
would be the most vicious form of OBJ
struction to legisla ton, and for a man
to approach member for the same
purpose outside of the presence of the
body would clearly be an obstruction as
well.
There is no danger in the senate pro-
ceeding in a regular manner to investi-
or not a member of this body
has been corruptly approached"
Mr.. Mohler followed Attorney Gen
eral Boyle with another argument, still
holding that the case was not con-
tempt case, and asking that the senate
concur in the special plea and discharge
the prisoner. The vote on the Ques-
ton of concurring in the plea and dis
charging Tutcher was then taken,a and
was lost by a vote of 81 to TO-
When the vote was announced Mr..
MohIer protested against the action of
the senate, and asked that mention of
the protest be made in the senate jour-
nal
I'VE. as counsel, will instruct our
client not to testify in this proceeding
said he. THE refusal to testify will of
course, be adjudged contempt, and then
such proceedings as may be desired can
be taken.'
The examination of witnesses was
here commenced, and Senator Jumper
was instructed by Attorney General
Boyle to take the stand. He stated that
he became acquainted with Tutcher in
Usage county about five years ago, and
that he met him in Topeka several
times four years ago. In reference to
his association with him since the open
ing of the present session, the examina-
ton was as follows:
Q.-When did you first meet the de-
PENDANT during the present session?
A.-During the early days of the seS-
sion. first met him on Kansas avenue,
Dut naQ no conversation Win MN.
Q.-When did you first meet him to
talk with him?
A.-About three weeks ago in the SEN
ate chamber; at that time we did not
about legislation.
Q.-When did you first talk with him
in reference to legislation?
A.-The following morning in a build
ing near Ninth street. 1 accompanied
him there at his invitation.
Q.-What business was conducted in
the building?
A.-As near as could judge, it was a
saloon.
Odd he ask you to take drink?
Ayes, sir
Q.-What kind of legislation did you
about?
About stock yard measures; Mr..
Tutcher asked me how / stood on stock
yards legislation and took out of his
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