The Caucasian., 1907-02-28
REPLY TO COOKE.
Reasons Given For ciosine the Evl
-dencs over His Protest.

Austin, Feb. 2S.-Wolfe and ONeal
of the house investigating committee
made reply to the protest of Mr..
| Cooke relative to closing the evidence,
in part as follows: To comply with
| the desire OF Mr.. Cooke as expressed
in his protest would keep this commit
tee in session tor an indefinite length
OF time-certainly longer than the
present session of the Legislature will
| last.
| IF his protest was needed and the
| committee should do everything that
| he seems to desire at the end of that
time We are thoroughly convinced that
he would have another protest, which
would appeal to the sense of this com
mittee just as strongly as the present
| one does.
| For more than a month the sery-
| ices OF each member of this committee
have been subject to the command of
| Mr.. Cooke for the issuance of process
| tU bring witnesses from all parts OF
| this state al public expense to testify
before the committee. He has freely
used this privilege and has brought to
the capital alany witnesses, some OF
| whom have testified, while many of
them have been excused because even
Mr.. Cooke was convinced that no fact
could be established by them tending
80 sustain any charge he had pre-
ferred.
We are convinced that Mr.. Cooke
knows OF no witness in the state OF
Texas by whom he could prove any
fact against Senator Bailey, and our
reasons for so believing are that he
would have called for a subpoena for
such witnesses If he had known OF
their existence; instead of asking that
subcommittee be sent TO Gainesville,
Bonham and other places he would
have applied for a process for the
witnesses to have been brought to
Austin; he has had summoned and
brought before this committee num-
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,
or any place else, to hunt up testi-
mOny which Mr.. 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 It 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 |
to Ardmore to take the evi. |
dence 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 |
erect or to come in person to Austin
II the committee deemed It necessary
we Delleve the committee was thor.
ougnly convinced that Mr.. Lacy did
NOT know fact. and that 1t would be
putting him to unnecessary trouble
ana the state to unnecessary expense
TO call hfm to Austin. Mr.. Cooke does
not profess to know of anything which
could be established by Mrs. Phillins
put assumes to believe that there
might have been some in1prouer rela
IONS between her deceased husband
1nu MI. baliey, and then assumes that
~ ,enance MIS- Phillips might know
about this.
|
his committee was appointed by
virtue OF a simple resolution OF the
mousse OF representatives, and there.
ore@never concurred in.by the senate
hor approved by the governor. Il Is
,ar deliberate opinion that this com
nlttee would have no authority what.
4ver outside of the state of TEXAS IN
compel the attendance and. Testimony
'f witnesses, NOR the production NJ !
BOOKS and papers. Its attitude would !.
lave been a farcical one, either in 81.
eouis, New York or any other Mace {
outside of Texas.
But assuming that 1t had author. /,
ty any lawyer must admit that before ,
uislhterested third party could have /,
'een compelled to produce his private
'ooKs ana private papers some show
hg would have to be made as to what \
ne hook was, what the paper was. de. I
cefbing them In some manner. as well :
IS stating what evidence could be so.
ured therefrom and its materialjty.
ar Cooke does not profess, and we
now as matter of fact that he has e
~ such Information and could not
ave put ffe committee in possession
hereof. What he wanted was that
ne committee should go to St. Louis n
nd other places and demand an in. :
pecticn Uf locks land papers of dis
nterested third parties for the pur.
csc OF seeking whether or not sone
yldence that Re knew not of mign. :,
e found ii
we had before us every book of ia
ne Waters-Pierce company which c;
ouid possibly throw any light upon h
ny matter charged against Senator :. .
alley in this transaction. We had s'
he voucher records, which were the SC
ooks of original entry, beginning Al Eth