The Bismarck tribune., 1933-02-16
- @ n T l n u E II
from page one
Chairman Matthaei
Condemns Barring
Bangs and COnklin

and Gust A. Erickson. st. Paul struc-
tural steel contractor.
Forced Fraser Resignation
Testimony and records said to show
duplication of expense accounts for
G. Angus Fraser. member of the COM
mission, led to his resignation from
the capitol commission shortly after
the investigation got under way. He
is now under bond awaiting prelimin-
ary hearing on March 6 on charges
filed by the state.
Sinkler said the rules adopted by
the committee were necessary tc
prevent IAN interminable contest and
in order to bring about as speedy al
aScertainment Of the truth as could
be had consistent with the rights oi
all concerned. It was thought ad-
visable to require the commissioners
to submit an offer of proof if they
desired to be heard"
This was thought proper, he add.
ed, in order to determine just what
was or was not competent in such
offer Of proof. In this hearing there
was no judicial control over the ad.
missibility of testimony and it wa.
thought advisable to adopt this meth.
cd in order to keep the matter of in.
PRODUCING testimony within thu
bounds Of reason.
All of the evidence has been pro.
duced from the records made by tn.
capitol commissioners themselves. W.
have ascertained from the records
and from an examination of thoS,
connected with the capitol commits
sioners. the facts shown in the rec.
ord.
Every opportunity has been grant
ed to the members Of the capitol com
mission to introduce any evidence
they saw fit under the rules adopted
They demanded the bars be throw
down and that they be permitted t,
go as far afieled as they desired il
cumbering the record with incom
petent matter. In q public statemen
two days ago made by me very care
fully stated that they could do SO pro
vided they complied with the rules.
Did Not Accept Privilege
"They have not availed themselve
Of this privilege. They were nc
called by me because did not thin
they could add one thing to the rec
ords they had made, by way Of ex
PLANTATION or otherwise.
THE written records needed no ex
PLANTATION. They were at liberty, how
ever, at all times to introduce an
evidence they desired by complyin
with the rules. Offers Of proof al
frequently used and are an estat
lished part Of our court procedure
and are used for the very purpos
used here to prevent the introductio
of evidence that has no bearing o
the matters under investigation. II
rules were not made for the benef
Of witnesses but to insure orderly an
speedy procedure"
Sinkler had said Wednesday nigl
that as far as he Is concerned he ha
finished the examination Of witness
es in the probe Of activities Of Ii
North Dakota capitol commission.
The counsel said. II will not ca
any commissioners myself. I feel IL
testimony is complete and that tt
commissioners can not shed ar
further light on the matter, sin<
practically all Of the evidence Is r,
cord evidence and the commissions
have made those records"
Sen. w. e. Matthaei Is chairman
the Investigators. Others on the con
mittee are Sen. Chas. q. Banges
Sen. G. Norman Brunsdale, Repr,
sentatives W. J. Flanagan, NJ.
Lillehaugen, H. +. Peterson. and J.
Holthusen.