The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-12
HOT Fight IN COUNCIL
Over a Resolution to Cite Aud
itor Hopkins For Contempt
DOES NOT REACH A VOTE
Story of Hopkins Refusal to
Produce Evidence.

Guthrie, o. T, Feb. 11.-(Special)-
tor Biddison this afternoon introduced &
resolution citing Auditor Hopkins 10 ap-
pear before the bar of the council and
show cause why ne should not be punished
for contempt On motion of Senator Bel
iamy the council, after three hours dis
cussion, adjourned until Monday at p.
N. without taking vote.
The resolution to bring the auditor be-
fore the bar Of the council for contempt
Is the outcome of Auditor Hopkins refu-
sal 10 produce the records and books of his
office before the joint investigating com
mittee. The committee had the matter
Under consideration in executive session
last night and the resolution to cite the
auditor for contempt was the result Of the
committees delzDera tons. Consequently
when the council convened this afternoon,
Immediately after the reading of the jour
nal Senator Biddison rose to a question of
personal privilege and asked 10 introduce
a resolution the adoption of which he
moved. The resolution, after reciting the
details of yesterdays examination of the
auditor upon the witness stand, proceeded
as follows:
Wherefore, your committe suggests TO
this council that the said S. y. Hopkins
is guilty of a contempt Of this council in
refusing to produce the said vouchers and
warrant stubs and your committe there
fore recommend the adoption of the fol
lowing resolution, to-wit:
Resolved, That, it appearing that there
IS good reason 10 believe that S. Hop
kins has been guilty and is guilty Of a
contempt of this council in refusing to pro-
duce the warrant stubs and vouchers upon
which the warrants were issued for the
military department of this territory, and
listed upon pages as AZ and IS of the re-
port of the territorial auditor 70 rthe
period from December y, 1894, TO NOvem-
Der 80 1896. and also in refusin gto produce
10 the said joint committee of this legis-
lative assembly the warrant stubs and
vouchers upon which warrants were is
cued as shown in the fourth biennial re-
port of the territorial auditor upon pages
H. l sand %. for the military department
of this territory, that the said S. y. Hop
kins be brought before the bar of this
council forthwith, then and there 10 show
cause 10 this council why he should not be
punished as for contempt thereof; and
that unless ne purge himself of said con-
tempt by producing the documents and
papers herein described that he be COM
mitted as for contempt. And that the |
president ofthis council is authorized and |
directed TO issue the warrant to the SER
geant-at-arms of this council TO carry into |
effect this resolution"
Senator Huston was on his feet immedi-
ately after the clerk finished and moved
that the resolution go over for a day under
che rule. Senator Charge submitted that
the resolution was one of the highest privi- |
Iege and that consequently the senator's |
motion was one which he had no right to I
make. Senator Huston retorted that the |
more important was a resolution, it was |
all the more p: Jper that the council should |
have more time for careful consideration. |
Senator Hutto supported the motion that |
the resolution follow the usual rule. con-
tending that it involved grave questions /
of law that should be carefully considered |
in the committee on judiciary. 1t precipl- |
tated new question upon this territory,
though the supreme court Of the United |
even congress had not the power con-
templated in the resolution now under
consideration.
Senator Biddison admitted that the reso-
luton had the right to go over under the
rule. but argued that the subject matter
embodied in the report of the committee
was properly before the council for con-
sideration, and the president so ruled.
over the motion 10 adopt the report.
which virtually meant the adoption Of the
resolution TO cite the auditor for contempt,
there was a spirited debate. Senator
Hutto led off for the opposition with
constitutional argument in which he ques-
toned the power of the legislature to as
sumo to itself judicial functions, sustain
ing his position by references to decisions
Of the United States supreme court and /
the supreme court Of Massachusetts,
Senator Biddison made an answering
argument on legal lines. in which he con-