The San Francisco call., 1905-02-19

either by special committee or COM
mittee of the whole or in joint session.
to investigate the affairs of a private
corporation or private individual.
There was no power on the part of the
Legislature to appoint special COM
mittee to make such an investigation.
That power belongs to the judicial
power alone. The Legislature may, 1t
is true, appoint committees to inves-
tigate asylums and other public insti-
tutions, but it can go no further. The
constitution prevents the investigation
of any private corporation or individ-
ual except through an action filed be-
fore judicial tribunal by Some other
private corporation or Individual
Counsel cited decisions of the Su-
preme Court on this important point,
which, if sustained. will probably open
the road to freedom for the Senators
accused.
Counsel also cited the case of Le-
land Stanford who refused to an
swer. certain questions put by the Pa
cific Railway Commission appointed
by Congress in 1887 regarding a
voucher for $7S1,000 expended for
some purpose Senator Stanford could
not remember. Justice Field and
Judge Sawyer held that Congress
could not give any commission au-
thority to demand the books of pri-
vate corporation and that the courts
alone were open to adjudicate all such
matters.
The crime Of bribery, counsel said,
could not be predicated on a promise
to do something that the party had no
warrant under the law to DO.
Judge Hart then ordered a recess
until 1870 o'clock.
CONTINUANCE GRANTED.
In the afternoon Morehouse spoke
until nearly 3 o'clock, citing more
cases, among them those of Judges
who had accepted money before cases
had come up to influence their deci-
sions and had been acquitted on the
ground that there was nothing before
the court at the time of the alleged
bribery.
District Attorney Seymour seemed
disinclined to go on with his argument
at that time. Does your Honor wish
to hear any more of this case at the
present time?" he asked.
II am willing to hear more and have
: the arguments finished as soon as pos
sible,'' said Judge Hart.
1T will shorten my argument if I
have time to consider the points made
by the defense" said the District At
torney.
IF any new plan is sprung by the
District Attorney-any unexpected pro-
cedure-we want time to combat IT."
said Morehouse.
Judge Hart continued the case to
Monday morning at 10 o'clock. Those
present listened eagerly to his final re-
marks, hoping to catch some intima-
ton OF how he had been impressed by
the points advanced, and the accused
Senators took much hope from them.
his closing words, addressed to District
Attorney Seymour, were:
''The principal question which l de-
sire to be enlightened upon is the
power of the Legislature to investigate
concerns of the kind which were inves-
tigated by this committee. / simply
throw that out, Mr.. District Attorney.
and ask you to take that branch of the
subject up
] Martin Kelly was not in evidence to-
! day and it is said that he left for San
Francisco Immediately after being re-
/ leased by the Senate investigating
committee District Attorney Seymour
! said he had been too busy preparing 2
his argument in support of the indict-
ments against the boodlers to take up
Kelly's case, but that he would read
over the testimony bearing on Kelly's
relation to the boodlers early next
week and would then determine iust
what action he would take to prosecute
the willy ex-boss of San Francisco.