The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-02-27
METHOD UNJUST
SAYS SPEAKER
The House Had no Right to
Draw Out Naraes of AS
se'nblyme s,,ts s.,y sssys.
FIRST SKIRMISH
WAS OVER RULES
Frame Ruled that Laws of Coneress
I'm Such Cases Would he Followed
Was Unanimously Upheld In Appeal
Tracy Bangs Asks Special Code.
(By II. d. Paulson.,

(By H. d. Paulson.)
Bismarck, N. D., Feb. &C.
"outragcOusly unjust" was the
manner in which Speaker Fraine
characterized tho action of the
house In drawing forth from the
witness, Divct, this morning the
names OF several members Of the
assembly. such names being given
on mere hearsaS evidence and un.
der conditions which the speaker,
by his ruling, had contended were
not proper. This is an inquiry, he
contended, into but one case and
had no bearing upon any other
featurcs, and tho bringing In OF
the names of the members could
not possibly do any good. or have
any bearing upon the guilt or in.
nocencc OF Ness.
Representative Thompson filed
q sworn statement declaring that
he had not been approached by
Ness or anybody else with an Of.
fer of money. nor had he accepted
any money for his influence one
way or the other on the SNUFF bill.
be made. He also characterized
rs unjust the use of the names be.
fore the house ON hcarSay evt.
dcnce.
Representative Dlvet concluded
his testimony shortly before 2
O'Clock and Repre- IN tauv We
TWitchell followed, substanttating
Diyet's story.
Bismarck, N. d., Feb. 27.-Thcre
was a preliminary skirmish over the
question Of rules when Speaker Frame
called the house to order at 1880
o'clock this morning. after Represen-
tative Owens Of Williams county.
chairman Of the select committee In
charge Of the inquiry, asked for q
ruling as to whether or not the Dc.
fendant should not enter plea OF
guilty or not guilty. and the speaker
ruled that he should.
Tracy Bangs asked that the house
adopt a set of rules governing the
action. He said that the house was
acting as a court Of the highest juris-
diction, and was asked to brand the
defendant as one who had attempted
wanton corruption Of its members,
and he believed he was entitled to
the protection Of a code OF rules
rather than having to make such rules
might arise. The speaker ruled that
the rules Of congress in similar cases
should apply, and that the two rules
adopted yesterday which gave the
chair the power to rule, were SUI
ficient.
Was Unanimously Upheld.
On an appeal to the house. Speaker
Frame was unanimously upheld on
that point. Mr.. Bangs, in his address
to the house, declared that in his ex.
perience. through justice, district and
supreme courts. he had always found
rules that provided protection. He
asked the members to place them
selves in a like position. He contend
ed that IL any Of them ever had. IN
any manner. suggested to anotnet
member that he was interested IN
certain bill. and that the other mem.
Der was interested in another bill. that
any proposal upon the part Of one
to the other that they support each
other, such proposition being made
in the form of trade of support. then
the members were guilty OF contemp,
under the law. and he did not believe
that any member would want to be
tried without rules. should ne be
hailed before the house.
Ness. through his attorney. pleaded
not guilty. Mr.. Bangs objected to the
jurisdiction Of the house on the plea
Of no rules and irregular procedure
and was overruled.
Divct First Witness.
G. Divet, one Of the informers
was the first witness called.
According to his testimony, former
State Senator Jud LaMoure OF Penn
bina county and Senator c. w. Hook.
way of McHenry county were reclteo
to him by B. J. Ness. charged with
contempt in having attempted to brioe
him. as having received money 10! foI
two years ago. Senator LaMoure wat
declared to have received 5000 and
Senator Eookway $1,000. That Sem
ator IIookway was again to be re.
warded for services against the bill
this session by the payment OF $l.OOV'
that Representative A. NJ. Thompson
Of Ward county was to receive soVo
for opposing the measure. and ina,
Representative J. ]. Ryan Of Morton
county and Hans G. Miller OF Noun
trail county were each to be reward
ed in a financial manner for their
services against the measure. were
further statements that Representa-
tive Divet said Ness had made to him.
pending negotiations between himself
and Ness for financial reward for op.
position to the measure. In these
negotiations. Divet declares tina!
TwichelI Of Cas- was present and that
their only purpose in carrying forward
the negotiations was to trap II posi-.
BILE the men behind" or tho men
with the money. Ness also is alleged
to have stated that 1t would take
81, 900 to fix w. NJ. BARLEY OF Griggs
county, who appears as ono OF the
infOrmers.
Representative Divet also said that
Ness had told him and Twichell that
Representatives Norheim and Stenh.
jcm of Mountrail county were fright.
but he did not offer the alleged use
Of money in connection with them.
Declared PcttibOne In Charge Of
Lobby.
That Lee Pettibone OF Dawson. Kid.
dor county, was in charge Of the Nntl-
snuff lobby in Bismarck and that he
had the money which would be paid
to Dlvet and Twichell II they would
oppose the measure. was another de-
ciaration that Ness made to Divct. nc.
cordinR to the latter's testimony. Vice
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