The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1921-02-10
INDUSTRIAL COMMISSION PRE-
\. VENTS UsURPATIoN OF Ex-
ECUTIVE POWERS.


operation of the industries and insist
that the purpose is not investigation
but destruction. Employees of the COM
mission are instructed by the resolu-
tion to permit any duly authorized
aperson to examine the books and rec
sords, and make such copies or notes
sas may be required, but not to permit
the records to go out of their hands:
! Grossly Unjust Rules
/. A double purpose was behind the
resolutions. The first was to protect
the property of the Industrial Com
mission and prevent usurpation of the
power of the executive branch of gov
eminent. The second was to call to
public attention in marked manner
the scandalously unjust rules adopted
by the enemies Of the industrial pro-
gram for their methods Of investiga-
ton. These, says the Industrial COM
mission, are ''unheard Of in the annals
of courts or legislative investigation"
and are termed "inquisitorial" and in
the-nature Of "third degree or star
chamber proceedings"
Under the rules adopted, the farm
er legislators on the committee can
not keep a stenographic record for
themselves of what is said and done;
they can not ask the witness a ques-
tion, without permission of the chair
man, political opponent; witnesses
can not be represented by an attor-
ney; the public is barred from the
hearings and even the state officials
afe forbidden to be present.
sa.1r First Witness Appears
Under these rules, VIM. A. Ander-
son, former secretary Of the Industrial
commission, was first to appear be-
fore the investigating committee. He
identified H. A. Paddock, also present,
as his successor, and as now secretary
of the Commission. Mr.. Paddock was
called and was asked to produce his
books. Instead he referred to the or
der of the Industrial Commission and
advised the committee that he would
obey the order. .,.+.....-
There was d pause, while the attor-
neys for the prosecution whispered to-
gether, and then Attorney Murphy in
quired:
GAS / gather it, then you refuse to
produce the books before the commit
tee?"
Paddock answered: "That is not cor
rect The order is that I shall offer
all cooperation can, in the inspection
Of the books, where they belong"
Counsel for the prosecution then
asked Mr.. Paddock if he would bring
the minute book Of the commission to
the committee on the following morn
ing and read into the report what por-
tion Of 1t the committee might like ?
Mr.. Paddock said that possibly the
Commission might agree to that, were
the request put in writing. This being
the end of the passage, adjournment
was taken.
1 Attorney is Present
Despite the rule barring the pres
ence Of counsel, which might advise
q witness las to his constitutional
rights in testifying, VIM. Lemke, at
torney general, appeared and insisted
upon representing witnesses called
from the state industries. When Mr..
Anderson was called as first witness,
Mr.. Lemke stated:
" As attorney general Of North Da-
kota, ! wish to represent the executive
branch and the governor Of this state. !"
Attorney Murphy objected: II wish
to inform you that no witness can ap-
pear in any other" !"
"Since this Investigation" Interrupt
ted the attorney general, 'is an at
tempt to usurp the executive power, /
wish to reiterate my statement, that
as attorney general Of this state, i in
ssist upon the right to cross examine
these witnesses and get at the truth
concerning these institutions which
#are being investigated. We also wish
to have records show that at this time
we ash, to have our own stenographers
that truthful and honest report Of
tbese proceedings may Be had. !"
10 that there was no response, Lat
~, down town, one Of the men con-
Enected with tho commit ttee declared:
I'VE had the machine all creased
and oiled up, but the blamed bolshe-
yists have dumped 4 whole barrsl-full
Eof monkey wrenches into II, and 4 y
mn we can % II to get II IA working
order ~ tomorrow morning.
The issue "a far as it concerns BIZ
'i1Esrek and The legislatfvs and other
government circlss, ii praEtic tically dead.