The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1921-03-10
SENATE SESSION CLOSES IN
BRAWLS AND FIGHTS; ATTYS.
MURPHY SULLIVAN ARRESTED

There was hot time down in the
Senate Chamber at Bismarck, Friday
night. the closing night Of the legis-
lative session, when an attempt was
made to get Attorneys Francis J.
Murphy of Minot and Thomas Sulli-
van of Mandan, to testify before the
Senate Investigation committee rela-
tive to the expenses of the house in
vestigation committee. The Senate
had tried in vain before to get the
attorneys on the stand, but the house
committee, considering that this was
only an attempt to delay the pro.
ceedings of that committee, ordered
the attorneys not to appear.
Attorneys Murphy and Sullivan had
taken their wives to a motion picture
show when the two gentlemen were
served with warrants of arrest by J.
Senate The attorneys and their
wives got into a taxi and proceeded
to the Senate Chamber.
Mr.. Murphy was first called. He
stated that he refused to be sworn
and requested an opportunity to con-
suit his attorney, who he said was Mr..
Sullivan. After conference, Mr..
Murphy stated that his attorney had
instructed him to refuse to be sworn
as he was defendant under arrest
and could therefore not be expected
to answer questions. Senator Baker
Of Renville county, member of the
committee, then moved that Murphy
be released from arrest and be ques-
toned. AS soon as Murphy was re-
leased, he walked down the aisle
quietly took his hat and coat and
walked from the room, going down
town to round up flock of attorneys
to assist Sullivan.
Presiding Officer Wood ordered the
sargeant-at-arms to bring Murphy
back. There was a big crowd at
the rear Of the Senate chambers, COM
prising both factions and several in
teresting scraps took place. Seaman
Smith, former sheriff CT Golden Val
ley county tried to keep Carl Kositz.
ky from going out. Smith was laid
out cold. Floyd Lofthus, son Of Bank
Examiner Lofthus, is said to have
struck Kositzky on the back of the
head. Kositzky followed young Loft
hus to the law library and mauled him
The former state auditor is said to
have had his nose broken in the fight.
His eye was also blackened and his
face cut.
The Senate moved that warrant
be issued for Murphy's nearest, but
he could not be located. An attempt
was hten made to swear Sullivan. He
informed the president of the Senate
that he had retained Mr.. Murphy for
his attorney and that he believed the
gentleman had left the room, but he
expected him back and asked that
the proceedings be stayed. Sullivan
was then ordered taken in custody for
contempt of court, to be placed in Jail
until the close of the legislative ses-
sion.
Not in Rotunda
The mob in the rotunda made it i'm
possible for the sergeant-at-arms
with safety to appear with his prison
er and follow out the senate's orders
to lodge him in the county Jail, so
that he was taken in the senate cloak
room and from there sneaked into
the south corner room of the attor-
ney generals suite.
Habeas Corpus
There with curtains drawn, the pri-
soner was kept in the custody of the
sergeant-at-arms and assistants, with
Mrs. Sullivan and Mrs. Murphy to
console him.
Judge Birdzell was a spectator. W.
H. Stutsman of Mandan, member
of the railroad commission, and AL
fred Zuger spotted him. They got
him to sit in chambers until writ Of
habeas corpus could be prepared. With
the assistance of E. S. Johnson, states
attorney for Sioux county, it was
quickly prepared.
]. E. Campbell, of Mandan, was APP
pointed an officer Of the court, to
serve it. Now began the search to
find the prisoner. The sought him
at the county Jail, but he was not on
the register there.
Prisoner is Found
After prolonged search they spied
a little glare Of yellow light through
the tightly drawn curtains in the at
torney generals office. Mr.. Campbell
pounded on the window, flashing the
writ at the sergeant-at-arms. The
officer of the senate did not pay any
attention to il.
Prepare to Smash II
Mr.. Campbell with aids prepared
to smash their way in. This caused
a reversal of sentiment and the door
was opened. Mr.. Minecver and his
prisoner were escorted through the
ro.unda, which had beer deserted by
the crowd following an unsuccessful
attempt to stage free for all that
had petered out after Leaguers and
anti-Leaguers had exchanged few
minor blows and taken to the cham
bers of Judge Birdzell.
Has Attorneys
Mr.. Sullivan was represented by
Attorneys Sullivan, Johnson and Zu-
ger. They argued that Mr.. Sullivan
should be released on these three
grounds:
Matters of which the senate wanted
information were obtained in a con-
fdential capacity and were therefore
protected by statute.
The ethics Of the profession agree
that no information shall be made
matter of public knowledge.
The senate had no jurisdiction over
tile activities of the house committee.