The record-union., 1899-03-15
Afternoon Session.

The special committee of three ap-
pointed to take testimony and report in
the Fieks contempt case offered it's re-
port, which was not read, but was or
dered printed in the journal, and to
lay over one day. 1t is as follows:
NOT GUILTY.
Assembly Chambers, March IA, 1899.
Mr.. Speaker: Your special commit
tee Of three, appointed in pursuance Of
the following resolution, to wit: Re
solved, That the Speaker appoint a Sc
lect committee. of three to take testi
mony and report the facts in connection
with the arrest of George W. Ficks for
interfering with the Sergeant at Arms
and obstructing the process of the
House,; that the Speaker assign one of
the official stenographers to report the
testimony and one of the committee
clerks to act as clerk of said committee;
Resolved, That the committee be given
power to send for persons and papers;
Resolved, That said committee be in
structed to ascertain and report wheth-
er any member Of the House advised or
instructed said Ficks to interfere with
or obstruct the process of the House
in any way; Resolved, That the COM
mittee be instructed to report on Fri
day next" beg leave to report as fol-
lows:
We have fully and carefully examined
witnesses on behalf of the Assembly
and the defendant, and find that on the
night of the 7th inst, during call of
the House, it was found that several
members of the Assembly were alb
sent, and a warrant for their arrest,
properly signed by the Speaker and
Chief Clerk, was duly issued and hand
ed to the Sergeant at-Arm for ser
vice. Subsequent thereto three Ass
sistant Sergeants- alarms visited the
Clunie Opera-house in the city of Sac
ramento, for the purpose of executing
said warrant Of arrest. Upon their
arrival at the theater, the manager
thereof, George w. Ficks, the defend
ant, was informed of the object of their
visit.
They were admitted to the theater at
time when the curtain was up, the
house darkened, and the play in pro-
gress. The officers awaited the fall of
/ the curtain between the third and
fourth acts with the expectation that
the lights would be turned on between
said acts. The testimony shows that
the lights were not turned on between
those acts, as is customary between
acts at this theater The officers made
an examination of the theater in search
of the missing Assemblymen, but did
not discover any, owing to the semi
darkness prevailing in the theater, as
was testified to by the officers
1t is the uncontradicted testimony of
Mr. Fieks that on the night of the 1th
inst. a visiting company, with its stage
manager, had absolute control of the
| lights that night, and that he had no
authority either to turn on or turn off
the lights during that night while the
visiting company had charge of the
stage. Mr.. Ficks testified that he did
not request or order that the lights
should not be turned on between said
acts, and that he does not know the
! reason why they were not turned on.
We were unable to secure the attend
ance of the stage manager of the visit
| ing company, and therefore we have
| the unimpeached testimony that Mr..
| Ficfs did not interfere in any manner
whatever with the lights in the theater
| on that occasion.
We also find that no member of this
| House advised or instructed said Ficks
| to interfere with or obstruct the pro-
cess Of the Assembly in any manner
| whatsoever.
! Whereupon, your committee finds that
! the testimony in this matter shows that
! George w. Ffcks is not guilty of the
| charge of contempt of this Assembly
and we recommend the dismissal of the
proceedings against him, and further
recommend that your committee be dis
! charged. The Committee,
| MACK
| E. D. SULLIVAN, &