The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-14
N N|NKLER'S WAY
Council Votes to Come at the
Administration.
BiDDIS0N GIVES HIS VOTE
To the Substitute and Claims
the Result a Victory.
BiDDISON GIVES HIS VOTE

Guthrie o. T. Feb. 1S.-(Special)-Th
Winkler substitute for the Biddison resolu
ton passed the council tonight. Ayes
Biddison, Brett. Hayens, Huston, Hutto
Magness, Winkler, McCredie. Nays
Clark, Thacker. Absent. Bellamy, Candy
Garrison. Senator Biddison said tonigh
that the subs titute as amended was vested
with more power than his resolution. h
claims a big victory.
! For three hours this afternoon IL was
battle royal in the council between the
opposing forces, and again tonight, L
| which time the question was postponed
| Three members were absent-Senator Gar
i rison, excused; Senator Bellamy. who Wa:
sick, and Senator Magness, who was re-
| ported sick at his home in Moore.
Today's exciting episode was a contin-
uation OF the fight that was started last
| Saturday when Senator Biddison intro
duced the contempt resolution. At that
time there had been several hours discus
sion on the legal right of legislative body
to punish for contempt and when what
promised to be an interminable debate was
resumed this afternoon two of the sena-
| tors, Winkler and avens, in a spirit OF
| concession framed the following resolution
which Senator Winkler offered as a substi-
tute for the pending contempt" reso.u-
ton:
Whereas, 1t is the sense of thia<council
that it should support its investigating
committee in a fair, just and thorough ex-
animation of the fiscal affairs of the ter
ritory with a view to such legislation as
will protect the territory from extravagant
and wasteful use of the public monies; and
Whereas, A difference has arisen be-
tween the committee of investigation and
certain officials of the executive depart
ment of the territory; be it
Resolved, That this committee be in
structed to address request couched in
respectful terms to the auditor of this
territory, and to such other members of the
executive department as the committee
may deem proper, to furnish said commit
tee such books, accounts, 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
upon for the safety and protection of the
above specified papers, and exclude such
persons, not members of the committee,
from the committee room as may be OBJ
jectionable to either party. and to report
the result of such action to the council at
the earliest time practicable" IA
The introduction of the substitute reso-
luton followed Immediately after an ex-
haustive argument by Senator Biddison in
support OF the legal right of the legislature
to punish witnesses in contempt of that
body, citing from a number of authorities
In support of his position. From these
authorities he contended that there was
no question as to the right under which
the committee acts; the vital question being
he validity of the statute under which the
proceedings were taken. and this, he con-
tended was affirmativey settled by the
authorities quoted from. The committee
had been authorized to act for the legisla-
ture and nowhere could he find any prece-
dent that required the committee to follow
witnesses from place to place to take evil
dence. 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 is simply an administrative officsr
and as such he was as much subject to the
legislature as any committee clerk Why
was the auditor afraid of the committee?
the senator asked. Was he afraid the
documents would be mutilated? Wes there
anything in the history of the senator from
Oklahoma City (Clarke) that the auditor
could say: 81 cannot trust my documents
in his possession" He then proceeded to
relieve the members Of the committee from
the suspicion Of dishonest motive. until he
came TO the senator from Payne (Hutto)
ard the speaker did not think the cor
rupticn in the auditors Office could be sol
bad that the officials would be suspicious
Of one who had stopped so low to defend
them" The speaker concluded his re-
marks with an attack upon the attorney
general. whom ne charged with taking
into the lobby TO talk with then /
In introducing the substitute for the res
olution under discussion Senator Winkler /
stated that it was not with the object Of
taking issue with the senator from Paw /
nee. Both had the same object in view. +
4 thorough investigation Of territorial af- I
fairs. But while they agreed "a 20 the .
object, they might be permitted TO dis /
agree as TO method. II had been said .
that whom the gods would destroy they
first made mad" and the speaker mourn 4
fully added that he hoped IL would not
be the Republican party. and he urged the .
avoidance OF any ill-feeling. He urged
that before taking any decisive step the
council should be clearly in the right. and
he people OF the territory should under
stand that the legislature was not trying
10 tTample on the feelings and rights O.
,thers
I'VE are here for statehood" he said: /
we profess 70 be able TO govern ourselves:
yA profess 20 BE wise. but the .mpres sion
Kill not prevail in the outside world 50
ong as these daily exhibitions are given
He Insulated tSat the sensational press
vas being catered 20 As Republicans
2 was their duty 10 make thorough in
-sstigat!on and vin5icate. II possible. and
ondema # they must. but he thought
very courtesy should be extended ana
hen the people would approve the motive
Z the legislature disreEsrded ;he rights
Z others. Or was placed in tie attitude
Z being wroaE. OF 100 aggressive TIE
6isct OF the investsEa. lion would b de-
Gated II everp opportunity were offered ,
be officials and they SIN refused 70 re-
pond. Trey would be condemned in the 5
yes Of ths people
Senator Huston who followed. declared
hat the investigation resolutions were r7t
l-ended % be courteous. but on TIA con-
-zVy we're drawn in language a. specific
: Indictment. and since u soE appeared
nat s-ca a. invest ga-5on would 10: % :
gal, is supporters n5E came forward ard :
az K wac tor Ire purpose q legislation. .