Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-04-27
Efforts Made to Find Chi
cago Packer in Contempt
for. Failure to Produce
Books Firmly Resisted.
SAYS sen ATE is
EXCEEDING POWER
Counsel for Packers Declare
State Cannot Compel Til
den to Produce Private
Book in Such Proceedings

SprlnSnelQ, ILL.,, April Io.-Cud1I IudN
Helm of the bribery investigating com.
mittee, moved in the senate today that
the committees report Of yesterday be
adopted The committee report pre-
sented yesterday recommended that Ed
ward Tilden, Chas. Cummings and Geo.
M. Benedict be held in contempt for
their failure to produce bank books
and documents showing the financial
transactions Of Edward Tilden in 1909,
Attorneys for Edward Tilden, Chas.
Cummings and Geo. NJ. Benedict were
present prepared to argue against the
reports adoption.
Attorney John j. Healy of the bri-
berry committee, declared that the SEN
ate had good authority to examine and
command all witnesses within the state
to testify under oath and compel them
to produce documents that may be re-
quired. Mr.. Healy further said that no
witnesses testifying before the bri-
berry committee could be imprisoned
or charged with any criminal offenses
Mr.. Benedict and Mr.. Cummings, ac-
cording to Healy, are waiting for the
disposition of Edward Tilden's case be
fore the bar Of the 4enate. r
Attorney Healy quoted from certain
sections Of the state statutes and
showed wherein the president Of the
senate had power to order the impris-
onment of persons who refused to an
swer to the senate commands
"The federal courts have already
passed on the question: he said, "and
their decisions seem to deal favorably
with this case"
Mr.. Healy called attention to the
Chapman case, wherein the United
States supreme court had declared that
a certain member of the sugar trust"
must testify under oath before the SEN
ate committee which was then investi-
eating affairs Of the sugar trust"
Mr.. Healy referred to the fourth
amendment Of the United States con-
stitution, which he said was similar
to article 2 Of the bill Of rights Of iii.
nois. This amendment gives witnesses
immunity from unreasonable research
and seizure.
"I understand from rumors around
the capitol" said Mr.. Healy, that at
torneys for Tilden and Cummings will
fall back on that amendment for pro-
lection want to say that 1t Is the con-
tention of this committee that no at
tempt is made to break into houses and
seize private documents and papers"
The lawyers arguments consumed
nearly an hour which time he quoted
from number of supreme court de-
cisicns in support of his contention
that the senate had power to force
Tilden. Benedict and Cummins to pro-
duce the required data.
Judge Sears, of Chicago, represent
ing Tilden, Benedict and Cummins
followed Mr. Healy. In opening his
remarks Judge Sears declared that
the helm committee report was mis-
leading and therefore could not be
passed upon intelligently by the
senate.
Attorney Speaks For Tilden.
He said Mr.. Tilden never refused to
take the witness stand and at this
time is ready to testify before the
committee.
Judge Sears assured the senate that
Mr.. Tilden is willing to do all he can to
aid the committee, but that he (Til-
deny felt he had constitutional right to
refuse to turn over to the committee
his personal checking accounts and
papers.
'Mr. Tilden has testified under
OATH" declared Judge Sears that not
an item in his personal or business ac-
counts had any reference to the. in
quiry. That Is sufficient. The COM
mittee has that testimony and I believe
that is all that should be asked of
him.
ITO further show the good will of
Mr.. Tilden," continued Judge Sears,
''he has already offered to allow one
of the committee to examine
all Of his private affairs. Then the
committee charges him with contempt.
Why, consider Mr.. Tilden's actions
q matter of respect to the committee"
Judge Sears branded Clarence
Funk's testimony as "lot Of gossip"
what Tilden said on the witness
stand" said Sears, was the gospel
truth. What Funk said was merely
gossip"
At this point Judge Sears requested
that recess be taken until o'clock
this afternoon to enable him to pre-