Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-17
COURT AGAINST PROBE
OHIO SENATE HIT BY A COMMON
PLEAS RULING.

CINCINNATI. April 1.-THE state senate
had no authority to authorize the investt~
cation of the public offices of Cincinnati and
Hamilton county. as carried on by the
Drake committee This decision was made
by the common pleas court in this city to.
day
The case was that of Thomas ]. Davis,
cashier of the First National Bank In this
city, whose refusal to appear as a witness
before the Drake committee led to his arrest
in sensational manner, followed by the
service of writ of habeas corpus and the
bringing of the prisoner before the COM
mon pleas court for hearing The officers
of the senate committee made the arrest
after the close of banking hours and hurried
their prisoner out of the city in an auto
mobile, transferring him ten miles from the
city to traction car and later, at Dayton
to a train, on which he was taken 10 Spring
field
In a hotel in that city the writ of habeas
corpus was served at $50 o'clock III the
morning and Davis was at once brought
back to Cincinnati. where he appeared In
court. His attorneys claimed the commit
tee had no right to require testimony as to
the deposits of the bank, such information
being confidential between the bank and its
customers. The case was argued before
Judge Samuel w Smith The opinion rem
dered by Judge Smith today IS voluminous,
sa wing, in part:
The Courts Opinion.
The court is OF the opinion that the
power asserted herein Is judicial and not
legislative; that the senate had no author
fty to authorize the investigation as set out
in the resolution; that the committee,
therefore, had no lawful authority to re-
qufre the petitioner to testify; that the
resolution, subpoena and warrant are in
like manner void for want of jurisdiction
and that his detention was without any
lawful authority
After reciting various grounds for such
Views. the court stated:
The court therefore. for the reasons
above set forth, is of the opinion that Sen
ate resolution No. q, as passed. Is invalid
and that under it the committee appoin ted
ton Is without power to act"
The court refused to consider technical
points which had ben raised and ordered
the release of the prisoner.
1t Is understood the committee cannot
appeal.
The Drake committee consisted of three
democratic senators, the two republicans
who had originally been named as membe rs
they refused to serve. This was one of the
points brought before the court during the
argument. The session of the committee
were held on Fridays and Saturdays OF
each week during the session of the legis-
latGre, and brought out considerable teSti-
mony as to the conduct of public officers
in this county. Most remarkable was the
testimony as to payment by the banks of
interest on deposits to county treasurers
this payment being called in some instances
"gratuity.' the amount running from 2
to 2k per cent on average balances.
Following these disclosures and the pub
lie discussion of them a total of $2l4OOO
has been paid into the county treasury by
former county treasurers, that being the
amount estimated that they had received
from various banks during their terms of
office. The committee did not meet during
the closing days OF the legislative session,
but adjourned until this week, the Illness of
Senator Schmidt Of Cleveland causing Sec
ond postponement until Tuesday, April "a.