Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-03-12
Fixes MARCH 10 FOR nIPEACH-
MENT HEARING or lNSUR-
ANCE COMMISSIONER.
Defense PLEADS IMMUNITY
Denies lie accepted $500 Brbc to
Permit Oklahoma Company
10 Enter Business
(BN j. \. MkElINEKD
(Stam Corrcspondcnt)

NNNhll ''llfNl'uu'ultl
OKLAHOMA City Mar 1l.-SiD-
ting rs a court Impeachment, the SEN
ate today fixed Wednesday afternoon.
March ~. TO begin the trial Of Percy
\. Ballard. state insurance commits
sIoner against whom articles Of I'M
parchment wcrc filed by the house OF
representatives, last week. If, on that
date, the regular Legislative session
has been adjourned and a special scs-
sion Is In progress, resolution will
be passed through the houses author
izing the senate to hear the testimony
without regard to the changing OF
the sessions
In the response filed by McAdams
s. Haskell, attorneys for Ballard. tho
claim of immunity against impeach-
ment upon the charges filed was pre-
sented This win be argued before
the senate on the afternoon of March
begin the following day
Denies $500 Deal.
Ballard denied that two hundred
dollars was accepted from T. j. Wood.
or any other person, In consideration
that he the respondent as state in
surance commissioner would admit
the Home Life Insurance company OF
| oklahoma city to do business. He
states that before the Home Life In
surance company's application was
filed that he, acting In his private ca
| all ut toll nT
| j. Wood, examined securities SUBJ
mitted to him by Wood for cXamlna-
ton, with the view Of obtaining his
| individual opinion as to worth of the
! securities. Shortly thereafter appli-
cation of the Home Life was filed
with the insurance department. and
! for the first time the respondent AYERS
! did he officially pass upon securities
rendered by the company, some OF
which securities were those he passed
upon IN his private capacity. The Of
ficial examination embraced other
matters. the answer shows, and that
! the respondent had no other purpose
| than to faithfully perform the duties
Of his office Several days following
admission of the Home Life to do
| business in the state, wood, without
solicitation Of Ballard, or without pre-
arrangement. The answc shows, "urg-
! ed the respondent to accept two hum
| drcd dollars AS a token of appraci1-
! ton Of the said T. j. Wood for assist
ancc given the said Wood In ascer-
tanning the value Of said securities:
and TN respondent did accept the sum
/
| ful intent"
Enters Strong Dcnials.
As to the second article of the inn
poachment, concerning his interest IN
| "a printing establishment through
which unreasonable charges were
against the state were permitted to DO
made: and as to the third article, con-
corning acts Of his private life, Ballard
enters a general deuial. The claim
Of immunity is set up against all
phases Of the Impeachment, from the
/ fact that he was legally required to
appear before an authorized COM
mittce Of the house Of representatives.
and give testimony under oath con-
ccrning all amtters alleged by the
| house in the impeachment articles
The immunity claim arises under
section u Of article two of the con-
stitution.
The senate will be asked to rule on
whether testimony given by a de-
fend7nt, in this instance being n re-
/ spondent, may be used against him.
self. Under the Federal practice II Is
stated a person cannot be required to
give testimony possibly that would
| incriminate him, while under the state
| law he may be required TO give such
testimony. but doing so, it cannot be
applied to his detriment.
Copies Of the evidence taken by tho
/ house committee will be asked by the
respondents attorneys.