The Beaver herald. [volume] (Beaver, O.T. [Okla.]) 1895-1923, 1899-03-02
AUDITOR HOPKINS CASE.

AUDITOR HOPKINS CASE.
The arguments In the habeas corpus
case OF Auditor Hopkins did not take
place on the goth as was first an
nounced. Auditor Hopkins is repre-
sented by Attorney General Cunning
ham who asked for more time to pre-
pare IA answer. The attorney general
also attacked the correctness OF the re-
turn in SO far as related to the alleged
contempt proceedings in the council,
alleging that it did not represent u
complete report of the proceedings.
The Winkler substitute for the Bid
lison resolution passed the Council on
the night OF the l3th. Ayes-Biddison,
Brett, Havens, Huston, Hutto, Mag
ness, Winhler, McCredie. Nays-Clark,
Thacker. Bellamy, Candy,
Harrison.
The days discussion was a con tinu.
alton OF the fight that was started last
Saturday when Senator Biddison in
troduced the contempt resolution. At
that time there had been several hours
discussion on the legal right Of legis-
lative body to punish for contempt and
when that promised to be an inter
minable debate two of the Senators,
WinlSler and Havens in a spirit of con-
Ices>ion framed the following resolu-
ton, which Senator Winkler offered as
substitute for the pending "con-
tempt" resolution:
Whereas, 1t is the sense of the Coun.
Gil that it should support its investi-
eating committee In fair, just and
Thorough examination of the fiscal af-
fairs OF the territory with a view 10
such legislation as will protect the
Territory from extravagant and waste
ful use of the public monies; and
"Whereas a difference has arisen be-
tween the committee of investigation
and certain officials of the executive
department of the territory; be it
Resolved, That this committee be
instructed to address a request couch
ed in respectful terms to the auditor OF
This territory, and to such other mem
bers OF the executive department as
the committee may deem proper, to
furnish said committee such books, ac-
counts, vouchers, stubs of checks, etc,
as may be required by such committee.
The committee taking such steps as
may be desirable as may be agreed
upor for the safety and protection of
he above specified papers, and exclude
such persons, not members of the com
mittee, from the committee room as
may be Objectionable TO either party,
and TO report the result of such action
to the Council at the earliest time
practicable"
The introduction of the substitute
resolution followed Immediately after
an exhaustive argument by Senal or
Biddison in support of the legal right
Of the Legislature to punish witnesses
n contempt of that body, ciing from
a number of authorities N support of
his position. From these authorities
he contended that there was no ques-
tion as to the right under which the
committee acts; the vital question be-
ing the validity of the statute under
which the proceedings were taken,
and this, he contended, was affirma-
lively settled by the authorities quoted
from. The committee had been auth
orized TO act for the legislature and
nowhere could he find any precedent
that required the committee to follow
witnesses from place TO place to take
evidence. He insisted that the auditor
was not superior TO the law, nor any
officer created by the legislature, and
denied That the executive branch of
the government is independent OF the
legislative branch. The auditor WAS
SIMPLY an administrative officer and as
such he was us much subject to the
Legislature as any committee clerk.
Seven members were present when
the Council convened on the 18th, to-
witt McCredie, Biddison, Clarke, Hus-
ton, Havens, Winkler and Thacker.
Senator Clarke Introduced bin re.
pealing the law authorizing a contract
for territorial printing. The Council
was in committee Of the whole most oil
the time, with Senator Clarke in the
char, for the consideration Of bills on
, the calendar
In the House IS members were pres.
. ent and an adjournment was taken
! until the following day.
The investigating committee held q
brief session and heard testimony
from Il. X. Tiugle and Joe Quinn, rela,
tive 10 the prices paid for territorial
printing under the contract made by
The Renfrow administration with Hoff
: man & Blincoe. The witnesses were
instructed 10 make estimates of the
!, cost of printing of The official report,
4 both under the contract aad private
J contract.
The two experts employed by the
committee to overhaul The records in
the auditors office, Max Burger o.
Kansas City, and John Pfaff of Ed
mond reported for duty.
The joint investigating committee
on the 10th, had before il G. T. Bill
ingsley, president of the Capital Ma
tional bank, and Frank Greer, manager
of the Capital Printing company. Mr.
Billingsiey testified that the deposit,
OF the school land board were carried
ct his hank in varying sums ranging
from SIS, 900 to sllO, Lately about
$40, 900 of these funds had been trans