The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-12

Dent purpose or delay were not proper be-
fore a legislative committee, and he
thought the matter of jurisdiction ought
to be settled right now.
Judge Cunningham reiterated his desire
TO aid the committee in securing informa-
ton and to accord II every courtesy, but
at the same time he respectfully declined
to allow any of the records TO be pro-
duced unless further authority for action
was shown, and as attorney general of the
territory ne specifically and positively re-
served the legality of the committee.
Senator Clarke, with some heat wanted
TO know by what right the attorney gen
eral appeared before the committee, TO
which Judge Cunningham responded:
well, I'm here; you may look up the
| law yourself"
Here Chairman Biddison interrupted by
/ ruling that the attorney general unques-
/ tionably had right TO reserve a challenge
| as TO the Legality OF the committee, but
| insisted that the attorney general answer
the civil question submitted submitted by
! Senator Clarke Under this direction the
attorney general appeared before the com
mittee under the authority of the COVER
I nor and the statute which directs the at
which the territory is a party He then
went on to explain that he appeared as a
private attorney until the legality OF the
committee was shown, after which ne
would appear as attorney general of the
| territory.
Following this explanation, Chairman
| Biddison directed the auditor to produce
| the vouchers on which warrants for the
expenses of the military department had
been drawn during the past two years, and
| the witness left the room, followed by
| the attorney general. The committee then
went into executive session on motion Of
Senator Clarke and decided to insist upon
! the production of the auditor books and
records before the committee. During the
executive session word came Of the auzi-
tors second refusal to produce the vouch-
ers desired, and il was agreed to report
such refusal to both houses and ask for
further instructions.
The proceedings of the morning session
were also marked by a rather lively Incl
dent. During the examination of the first
witness Committeeman Hutto came into
the room and wanted to know if the COM
mittee had any right to investigate any
of the departments without first apprising
the heads of those departments of the
committees intention to take evidence He
followed up this inquiry by moving that
the taking of evidence be suspended until
the department office had been officially
notified of the investigation. Senator
Clarke thought it most extraordinary that
the proceedings should be delayed in the
manner proposed, stating that he had been
to
of other states, and it never had been the
custom to pursue the course suggested by
Senator Hutto. He insisted that the meet
ings We're open and the officials had the
same right TO attend as any other citi-
zen, and he believed the motion was in
teded for the purpose of defeating the OBJ
ject of the investigation.
Senator Hutton in reply stated with con-
siderable feeling that a hearing was al
ways allowed even the worst criminal yet
here no official notice was. given the adj
ministration that ii was on trial, and the
whole proceeding looked like an ex parte
attempt to convict or acquit.
Senator Biddison here interjected the
statement that he did not understand that
anybody was on trial-that the purpose of
the committee was simply to hear hetesti-
mony for the information of the legisla-
ture. He was wiling that witnesses should
be subjected to cross-examination, but he
would never consent to hear arguments.
Mr.. Stevens explained that he was in
favor of extending an invitation to the Of
ficials to attend the sessions of the COM
mittee. but he was not willing that the
proceedings should be suspended in the
meantime.
Senator Hutto's motion was voted down,
and then Mr.. Stevens motion that notice |
of the investigation be served on the ter
ritorial officials was aS.gted, with an
amendment by Senator Clarke to include
the people and taxpayers who desire TO be |
representedt by COUNSEL that they be per-
nitted to do so.
The first wi illness at the morning session
was Winfield S. Smith, who described him
self as real estate agent, retired law |
yer and teacher" His testimony was in |
relation to the offices occupied by the ter
ritorias officials and his understanding as |
to the rents paid. The territorial trea-
surer, he said, occupied six rooms, one of
which he used for office purposes, the re-
mainder for living rooms. for which he |
witness understanding that the rent was |
paid out of the territorial treasury. The /
witness did not know positively what /
rooms were set aside for the use Of the !
attorney general, but had been told that /
the attorney general claimed an allowance /
of $50 a month for rent. 81 0of which was |
paid by the United States attorney. His |
information was that, as q matter Of fact !
the attorney general had not paid any |
rent as yet. Tbs witness further stated /
that the superintendent and auditor Occu-
pied two rooms, the rental value of which |
ought not TO be more than Sl2 q month. (
The witness was excused from the stand /
at this stage and will appear 10 give his /
testimony on other matters at a future /
time.
he was followed on the witness stand by |
NJ. Luther West. who is agent for the /
property now occupied by the territorial 1
officials. Much of his testimony fatty |
ccntradicted that given by Smith. He |
stated that the territorial treasurer occu-
pied four rooms, for which he paid
monthly rental of 81. Prior to this three /
of the same suite had rented to a private |
firm for so u month. The attorney gen
eral originally paid 50 a month for his
quarters. which was afJerward reduced to
SO a month, when the present United
States attorney moved into rooms adioin-
ing and assumed the payment of so a
moth rent He stated that the attorney
generals rent had not been paid for over
4 year because Of the exhaustion OF the
appropriation for that purpose. and the
attorney general had informed him that