The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-03-05
Tells How He Organized Senate
Judiciary Committee.
Took the Material That Was
Available.
DIDN'T FIX 1T UP.
Had No Intention of Hampering
Administration Measures.
Tells What Was One About IT'LL
tiles Bill.

Lieutenant Governor Fitzgerald, in
an interview with a State Journal re
porter, refutes the charge that as pre-
siding officer of the state senate he
selected his judiciary committee with
the idea of its acting as official exc
cutioner to chop off the heads of ad-
ministration bills and measures which
might not be in accord with his per-
sonal views From the statement of
the case presented by President Fitz-
gerald, it appears that either provi-
dence. the primary election law or
some other influence and not the
president of the senate was respon-
sible for the composition of the
judiciary committee, inasmuch as
President Fitzgerald took the ma
terial furnished him by the people OF
the state and out of the ten lawyers
elected to the senate fashioned the
present Judiciary committee.
In his reply to the charges of his
critics. President Fitzgerald said:
when the presiding officer of a
legislative body in constituting his
committee uses all of the best ma
terial which the people of the state
furnish him, he exhausts every
remedy within his power in their be-
half In constituting the judiciary
committee the president of the senate
assigned nine lawyers, members OF
the body. with Judge Price at the
head as chairman, to take up the work
of that committee There were ten
lawyers in the senate, chosen by the
people of the state of Kansas to
represent them in that body AS be-
county and the senator from Jackson
county, the president decided in IA
vor of the senator from Jackson.
People Are Responsible.
eff there can be any just criticism
lodged against the work of the COM
mittee, the people in the first instance
are more to blame than the president
of the senate. 1t is the duty of the
presiding officer to adhere to the
rules and we'll established parliament
tary procedure and usages ana TO ad-
minister his office fairly and impair
TALLY and not dominate the body with
his personal views or with the power
of his office. He has no vote and may
not participate in debate and the de-
mands of the people must find express
sion through their chosen representa-
tives and not through the president of
the senate
''The utilities bills were sent to the
judiciary committee at the request of
Senator Hamilton. who introduced
them. The president of the senate be-
lieVed that was the proper committee
to which to refer them, and while he
has his own views on these measures,
vet he has at no time attempted to in
f1uence the committee or any member
thereof nor has he met with the com
1nittee or even been in the committee
room.
so the senator's. individually and
collectively, have exercised t'eeir own
judgment with the utmost freedom
so far, at least, as the presiding officer
is concerned and it is but just to say
here and now, that the presiding Off
Ger has the utmost confidence in the
integrity, the ability and the general
good judgment of the judiciary COM
mittee.
Hearings Were Given.
1.-THE president of the senate has been
informed by members of the commit
tee that number of hearings were Civ
en- on these public utilities measures to
parties interested and the attorney gen
eral was invited on many occasions to
ments on his side of the questions, so
that the hearings were manifestly fair
and conducted with desire of hearing
all sides of the questions. The presi-
dent of the senate has never asked and
does not now know what are the in
dividuaI opinions of the several sena-
tors who are members of this commit
tee, taking the view that they are re-
sponsible more to their constituents
than they are to him.
1T is unfair to the president of the
senate to assume that because so out of
80 house bills were referred to the jul
was improper. The only question is
how many. if any, of these references
were improper. and if any were i'm
proper, were the references made for
the purpose, as assumed. of obstructing
or hindering legislation? Mistakes may
have been made in referring some of
the bills; indeed. it would be strange if
some errors were not made in dispos-
ing of such a multitude of bills, al
though the most patient consideration
has been given to each one.
Anyhow the president of the SEN
ate has constituted his committees in
accordance with his own Judgment
and conscience. He may have made
a few mistakes, but he could make no
mistake in the selection of a judiciary
committee under the rules and under
the precedents that prevail in all leg
fsIative bodies that the judiciary COM
mfttee shall be composed of lawyers,
II there be enough in the body. And,
Furthermore, the president of the SEN
ate believes this committee has work
ed earnestly, faithfully and patiently
and that the members have bravely
and honestly met all questions which
were referred to them