El Paso herald. (El Paso, Tex.) 1901-1931, 1917-08-06
CALLS GOVERNOR
TO STAND, FAILS
Gov. Ferguson Refuses To
Testify Until He Hears
House Evidence.

Austin. Texas. Aug. On ~ Crane.
counsel for the house investigating
the impeachment charges brought
against governor James r. Ferguson
by speaker f. %. Fuller. sprung sur
prise NJ the opening of the hearing
TODAY when he called for the COVER
nor TO take the stand.
Governor Refuses
This the governor refused 20 do.
claiming his constitutional right to
first hear the evidence against HIM.
on plea Of Mr.. Crane that this dis
arranged his plans. the hearing then
went over until o'clock this after
noon.
Bryan UphoIds Governor.
Representative E. r. Bryan. APP
pointed by speaker Fuller with the
consent OF the house. 10 pass upon the
admlsslbl-lty of evidence. upheld the
governor contention as voiced 10y his
counsel, W. A. Hanger
Two Presiding Officers.
The house, i'm committee Of the
whole. has Two presiding officers. W
VI. Fly, of Gonzales. and r. r Bryan.
. a lawyer. who is 10 determine the law
questions the rules and the admiss-
lblllty of evidence.
Bryan told the committee AT the
outset that because of the nature of
the hearing, strict rules of evidence
would not be followed but any evil
uelce would be admitted tending to
determine the truth or falsity of the
charges and he would permit each side
I the uttermOsr latitude i'm introducing
evidence He said the committee could
appeal from his rulings.
The testimony taken during the
regular session Of the legislature at
the hearing of the charges preferred
by Davis, Of Nausaudr. was admitted
lu evidence without reading, as was
the speech made by the governor at a
meeting OF the board of regents of the
university
Mcfarland "A Witness.
Among the witnesses are represen-
-atlNeS- Mcfarland, OF Brewster COun-
~ and Thomson, of NacCEdOches.
who will testify relative 20 that west
/ Texas A. and u. controversy. controller
+ r. B. Terrell, who is expected 10 give
T evidence regarding expenses of the
governor S mansion, Thompson. a con-
I tractor, who has n contract to con-
/ struct new building on the campus
{ Of the university. D. X Woodward
and John W Brady. lawyers of Austin.
and officers OF the eNstudents' asso-
/ ovation
Former Cows T. " Campbell and
I o. B. Colquitt reached here today and
the latter is expected to be called on
/ TO testify in the impea chmeut charges.
! although he was not sworn during the
/ morning.
The inquiry was resumed at o'clock
! this afternoon.
Are 13 Charges.
There are I3 charges against the
governor. CHIEF among them being the
alleged undue dictation OF the COVER
nor in state university affairs. the
charge that the west Texas aEriClfl-
ruraI and mechanical college was I'M
.aH
zion that the governor dlsre-ard-i
the banking laws OF the claim that he
figured lu The application Of pub
lie funds
Repeal Resolution Subject To Call.
The L--uau-t catch resolution re-
arrsrirE governor Ferguson 90 sub
.-- rH the special session OF the
legislature the question OF the repeal
Of the laws creating the four new
state normals, and the West Texas A
& IL college, was today laid before
the house, subject TO call
The house met prior TO the begin
ming Of the Investigation Of the gov
eruOr. and as the resolution promised
20 cause considerable debate action
was deferred Several members Of
the legislature from the western
portion of the state have announced
they viii streuu0usly oppose the
resolution
Dean President Pro TEN.
Senator W l. Dean, Of Huntsville,
Walker county. was today elected
president pro TEN Of the senate to
preside during the special session.
When the special session convened.
senator Lon A. Smith. OF Rusk, was
named for this position but IL was
announced today that senator Smith
was compelled TO attend a couven-
ti0u of q fraterual organization at
Denver and would be unable 10 attend
the session here. Senator Dean is