Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1907-02-28
REPLY TO COOKE.
Reasons Given For Closing the gvI
dence Over His Protest.


Austin. Feb. e7..-wolfe and one
Of the house invtl,igating commit.
made a reply to the protest of NJ
Cooke relative to closing the eSidenc
In part q follows: ITO comply viii
the deSnG OF Mr.. Cooke AS expresss
In his protest would keep this commi
tee In session for an indefinite lengt
Of time--certainly longer than III
present session OF the legislature wi
last.
III his protest was needed and IN
committee should do everything tha
he seems To desire at the end OF tina
time We are thoroughly convinced tina
he would have another protest. whic
would appeal to the sense OF this con
mittee just rs strongly as the presen
one does.
For more than a month the ser,
ices OF each member OF this commitie,
have been subject 20 the command o
Mr.. Cooke for the issuance of process
TO bring witnesses from all parts o
this state at public expense to testifl
before the committee. lie has freel,
used this privilege and has brought 4
the capital many witnesses. some o
whom have testified, while many o.
them have been excused because ever
Mr.. Cooke was convinced that no fac
could be established BY them tending
to sustain any charge he he'd pre-
ferred.
We are convinced that Mr. Cock,
knows of no witness In the state OF
] AN taI h..
fact against Senator Bailey, and Qua
reasons for so believing are that he
would have called for subpoena for
such witnesses II he had known OF
their existence: instead OF asking that
a subcommittee be sent TO Gainesville
I Bonham and other places he would
have applied for process for the
/ witnesses To have been brought u
/ Austin: he has had summoned and
I brought before this committee a mum.
Der OF witnesses from Gainesville.
Bonham, Houston and other points In
the state, whose testimony failed to
sustain any charge he has preferred.
and we are certain that he caused To
be subpoenaed and brought here the
very best that he had any knowledge
of.
we are opposed TO sending a sub
committee out over the state OF Texas.
OF any place else. To hunt up testi.
mOny which MIR. Cooke did not know
OF at the time he preferred his charges
and does not know OF now, but merely
suspects might be found by such a
committee, and which does not In fact
exist.
Our committee has no authority
under the resolution calling II into eX.
istence To send subcommittee to any
point within the state OF Texas and
would have no authority to pay the
expenses OF such committee out OF the
contingent fund OF the house.
Mr.. Cookies proposition to send a
committee to Ardmore to take the evi.
dencc Of Mr.. Lacy was considered use.
less because Mr.. Lacy wrote and wired
the committee he did not know a fact
or circumstance pending TO prove the
charge and offered his affidavit TO that
effect, or To come In person To Austin
II the committee deemed II necessary.
we believe the committee was thor.
oughly convinced that Mr.. Lacy did
not know fact. and that IL would he
putting him TO unnecessary trouble
ana the state 90 unnecessary EXPENSE
10 call him to Austin. Mr.. Cooke does
not profess TO know o: anything which
con, be established by Mrs. Philllps
but assumes to believe that there
might have been some improper rela.
uons between her deceased husband
ana MT Bailey. and then assumes thar
perchance Mrs. Phillips might know
something about this.
Ihls committee was appointed by
virtue OF a simple resolution OF the
house Of representative. and there.
lore never concurred In BY the senate
nor approved by the governor II Is
our deliberate opinion that this com.
mittee would have no authority what. |
ever outside OF the state OF Texas TO |
compel the attendance and testimony
OF witnesses. nor the production OF |
books and papers. Its attitude would
have been farcical one. either in 81
Louis. New York or any other place
outside of Texas.
But assuming that IL had author.
ity any lawyer must admit that before
a disinterested third party could have
been compelled TO produce his private
books and private papers some show.
ing would have TO be made as to what
the hook was. what the paper was. de.
scriblng them In some manner. as well
as stating what evidence could be se.
cured therefrom and its materially.
MT Cooke does not profess. and we
Know as matter OF fact that he he's
no such Information and could no,
have put the committee In possession
thereof What he wanted was that
the committee should 20 TO ST. Louis
and other places and demand an In.
spection Ct looks aud papers OF dis
Interested third parties for the pur
pose OF seeking whether or not some
evidence that Re knew not OF mien:
be found
I'VE had before us every book OF
the waters-Pierce company which
could possibly throw any light upon
any matter charged against Senator
Bailey In this transaction. We had
he voucher records, which were the
books OF original entry. beginning az
/ date long prior to April %. 1900, and
extending 10 dates long subsequent to
my matter under investigation. The
II 500 item. the $4,000 item. the $500
TEN. the $500 item. the $3.50 item
Ind the $1,000 item mentioned In the
'harges filed by Mr. Cooke were each
Ind all traced from the first entry In
n. hob, 90 ~. NNat.r. nf.r,. MI