El Paso herald. (El Paso, Tex.) 1901-1931, 1917-09-11
WOULD BAR ALL
LDEVIDENCE
First Hitch in Impeach-
ment Hearing Is Over the
Previous Testimony.

Austin. Tex, Sept. 1.-THE first
crisis in the trial OF Gov. James E
/ Ferguson before the senate. was
reached this morning when the ques-
/ tion arose as to whether the proceed
ings or the first investigation and or
| the hearing before the house Of repre-
sentatives can be offered in evidence
/ before the senate. The proponents de-
! sire to offer this testimony. The re-
: spondent objects. II the testimony is
/ introduced it is understood that it
I means the governor VIII certainly be
! called TO the witness stand, while If
[ the testimony in question is not intro
| duoed, there remains some question as
/ to whether the governor viii so on
the stand
Legality Il Questioned.
The issue about the record OF for
mer Investigations being introduced
/ appears TO hinge in the minds Of the
senators on the legal question as to
whether this impeachment trial is a
civil or criminal procedure If a
civil procedure TO take back from
Ferguson his office OF governor. the
contention is that the former testi-
mony is permissible. II a criminal pro-
cedure. the contention is that the tes-
tmony given at former lnNestSa-
ton is specifically barred by statute
from being introduced against the
governor.
n. NJ Crane argued at length this
morning that This is a civil procedure.
". A Hanger, counsel for the COVER
TOR. argued this afternoon that it is
a criminal procedure
Executive Session Opposed.
Senator Bailey, OF Dewitt. has in
trOdUced a motion that the senate 90
into executive session 10 consider the
decision. Senator Bee. Of BeNar, suE-
gested that IL might be improper for
the senate TO consider this matter
with the respondent not present
Senator Bailey replied that the sem
ate has the same right to consider
this matter outside the presence Of the
respondent that a petit jury has 10
consider its verdict outside of the I
presence OF the defendant. senator I
McNealus also spoke against an exc I
cutive session.
Senator Bailey contendcd that in F.
discussing an issue of this sort 1t Is I
important that every senator feel the T.
utmost freedom and that We could not /
do this in the presence OF the sal .
leries and press and others who would .
be hanging upon every word. 90 IN
terprel II as an indication Of the trend /
OF mind Of the speaker with reference .
TO the case itself.
A decision on the matter OF the IN
PRODUCTION of the former records may
Lot be reached until tomorrow
'sChfcken Salad Letter Read.
A letter written by governor FcrEu-
son TO the supreme court OF Texas
March p, 1917, shortly before II over
ruled motion for rehearing OF the
chicken salad case was introduced
at the afternoon session OF the i'm
parchment trial Fred Counertys clerk
Of the court, identified the letter II
referred TO a section OF the statutes
bearing on mansion house eNpeudl-
lures which the governor commended
in his March investigation were legal
These expenditures, commonly called
the chicken salad case, coveringl
groceries, meats vegetables and auto
mobile accessories, the supreme court
On March IS held Illegal
Another letter written by Mr.. Fer
gusou 10 judge a g. Brook and the
lther judges OF the court Of civil ap-
lealS at Beaumont, was read. il crit
cized a decision OF the court IN the
Dayton Lumber company's case which
ook from the governor and his asso-
iates the title 10 certain land they !
old 20 the lumber company.
DrOuth Relief Bill Illegal.
Attorney general Looney today held I
unconstitutional the senate bill IN :
.ropriatiOn Of 100000 for the relief !
Z the drOuth sufferers Of west Texas. !
This opinion was in answer TO a re-
.uest made by the senate for an oDin- I
on as 10 the constituuOnaliry OF this
MEASURE. z
After quoting section 81. article 9, q
nd section g, article &c, OF the consti-
utiOn on this subject, Gen LOOney h
avs We are therefore compelled 10 2
nsWer, that IN our opinion the pro-
osed donation Of public money is pro-
ibited and the bill, If enacted, would I
q our judgment. be void" S
The bill was made a special order
or tomorrow morning in the senate. J
House Gets Quorum. h
A quorum materialized in the house
oday- The house drouth relief Dill e.
vas made special order for next e
rlday morning. y
The house today passed to engross-
1ent the Nordhaus bill imposing a !
inc on persons charged with the di- c
ersion Of electric current and tap
ing gas pipe. A bill declaring a c
loratorium in favor OF soldiers while J
ngaged IN the present war, was en- ?
rossed.
Kill Labor Fund Bill.
Inc house killed the bin which =
ought to place all funds of the labor i
apartment in a special fund i'm the
Z easury, and for the expenses OF op- =
rating the department be drawn &
rom this fund, the vote 20 indefinitely p
ostpone being 50 TO IS, II present
nd not Vorfmr- 4