The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-02-13


warrants were issued for the military de-
partment OF this territory and listed upon
pages Sc, A. and As OF the report Of the
territorial auditor for the period from
December 12 1894. to November 30, 1896?
Al do.
o.--Do you refuse TO produce the war
rant stubs and vouchers upon which war
rants were issued "a shown in the Fourth
Biennial report Of the territorial audi
tor upon pages "a. 10 and q, for the mill
tary department Of this territory. You
understand that you are 10 remain In at
! tendance upon this committee until dis
charged and keep these documents In your
own possession and control.
Ayes, ] DO.
Auditor Hopkins later submitted q
| brief note to the committee. stating
that he was acting by the advice OF his
attorney, who is Attorney General
Cunningham.
Councillor Biddison then moved that
the following resolution be adopted
! Wherefore your committee suggests
! TO this council that the said 5. N. Hop
| kins is guilty Of contempt OF this
council in refusing to produce the said
vouchers and warrant bs, and your
committee recommends the adoption
OF the following resolution:
Resolved, That it appearing that
there is good reason TO believe that y
n. Hopkins has been guilty, and rs
guilty, of contempt of this council in
refusing to produce the warrant stubs
and vouchers upon which the warrants
were issued for the millta'y depart
ment Of this territory, and listed upon
| pages 46, a. and As Of the report of the
territorial suditor for the period from
| Dec mber -, 1894, TO November 80,
| 1895; and also in refusing to produce
| to the said joint committee OF this leg
| islative assembly the warrant stu bs
and vouchers upon which warrants
were issued, as shown in the fourth
biennial report OF the territorial aud
itor, on pages IA, Is and %, for the
| military department of this territory;
that the said 8. ". Hopkins be brought
before the bar Of this council forth
! with, then aud there to show cause 10
this council why he should not be pun
ished as for contempt thereof, and
that unless he purge himself of said
contempt by producing the documents
and papers herein described, he be
committed as for contempt And that
! the president OF this council is author
| lied and directed TO issue the warrant
! to the sergeant-at-arms of this council
to carry into effect this resolution.
Councillors Hutto, Huston and Gan.
dy made a strong effort to have the
/ resolution and report go over, in order,
as they allege, that Senators might
have time to look up authorities. This
was regarded by those favoring the
resolution as a shire wd move to kill the
whole investigation
Senators Biddison, Havens and Clarke
| did not mince their wards in giving
expire sion to their suspicious, and
! several times during the progress Of
the debate the atmosphere in the SEM
ate chamber was near the boiling
! point, both sides intimating very
! broadly that the other was controlled
| by desire 10 shield or persecute some
person, in which the attitude Of the
attorney general was not overlooked,
Senator Hutto especially was active
In staving off consideration of the reso-
luton aud suggested a number OF tech
meal object ions, such as that IL was q
| Joint committee resolution and must
De reported jointly; that the organic
act gave no such power OF punishment
as the resolution contemplated; read a
number OF court decisions, closing by
denying that the legislature had any
power to innict such punishment,
| Huston took similar views and denied
that the auditor had refused to pro-
duce the records demanded and that
the committee could 90 10 his Office
and get anything they wanted. In
reply to these contentious Biddison
cited large number of decisions
showing that the legislature had eH-
elusive Jurisdiction In such mattersi
said that the legislature created these
territorial offices, made the laws to
govern the officers and therefore had
the power TO Investigate their Official
conduct and the manner in which they
executed their official duties, closing
with severe arrAiRnment OF the
auditor and the attorney general who,
he said bad become the prosecutor of
the people, instead as the law directs
and as he had sworn TO be, the de-
fender OF the peoples rights. Clarke
spoke along the same lines, declaring
with voice and gesture strong and em
phAtic that the power to make this
Investigation was supreme in the legis
lAtive assembly. Thacker was as
usual smooth and calm, and said that
while he had had no opportunity to
look up the law, he was Of the opinion