The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-02-15
ATTORNEY ATTACKS
PROBE COMMITTEE
IN OPEN STATEMENT
Lawyer Says Capitol Commits
sioners Will Not Submit
to Censorship
EXECUTIVE SESSION HELD
Neither Leading Members Nor
Attorney Offer Comment
on Accusation
EXECUTIVE SESSION HELD

convinced majority OF the legisla-
tive investigating committee ARE
prejudiced against them," members
Of the North Dakota capitol commits
sion through their counsel, Geo. w.
Thorp. Fargo. announced Wednesday
they do not propose" to submit ques-
tions or statement Ito be censored
and restricted" by the investigators.
Thorp started to read the an
nouncement to the legislative COM
mittee just as it was about to recess.
Senator Chas. @. Bangert objected,
saying the rules Of the legislative
group for conduct OF the hearing re-
quired submission Of any statements
or questions in writing. Thorp i'm
mediately handed members the state
ment.
The committee then went into ex-
ecutive session where they said they
would consider Thorp's statement and
whether Geo. L. Bangs and Fred L.
Conklin, capitol commission men,
bers,, would be called to the stand.
Bangs was served with a subpoena In
the courtroom Wednesday morning
by o. +. Haakenson, sergeant-at-
arms.
The investigators were In session
more than 40 minutes and when they
came out they said they had ad-
journed until Thursday morning.
Chairman Matthaei, Sen. Bangert and
the probers' counsel, E. r. Sinkler,
said they had no announcement to
make.
Thorp's statement In behalf of the
capitol commission addressed to the
legislative committee, said:
"MesSrS. Conklin and Bangs are
here and continuously have been here
to aid this committee and inform it,
the legislature and the state as to
all details of the capitol project.
Says Tribunal Prejudiced
I'm every tribunal where facts are
investigated, the parties have a right
for themselves to determine without
question whether or not the tribunal
Is prejudiced and to protect them
selves from such prejudice. These
parties feel and are convinced that
the majority Of this committee are
prejudiced against them and do not
propose to submit suggested questions
or proposed offer in the nature Of
an offer Of proof, to be censored and
restricted by those whom they believe
to be prejudiced. They demand to
be treated as any other witness and
to be fully and completely examined
as to the entire subject and all its
details. This more especially in light
Of the public statement Of Mr.. Sink
Ter. implying as it does that the ma
jority attitude Is influenced by the
rule of political faction in prior
investigation 10 years past, and in
revenge for the actions Of such fac
ton.
Moreover, there is no practical
way of propounding such so-called
offer Of proof as the evidence OF
Messrs. Conklin and Bangs, II per-
mitted, will involve, explain and dis
pute every adverse inference in this
record. To our mind your rules are
not only unfair but impossible.
Messrs. Bangs and Conklin have con-
tributed two years services to the
state in consideration for which they
are denied the privilege Of an uncen-
sored explanation OF unjust and re-
buttable differences.
Chairman Has Been Courteous
1T Is true that the chairman, in q
spirit Of fairness, has put few ques-
lions suggested to him by counsel for
the commission, but for this favor
We accord to the majority members
no expression Of gratitude. These two
commissioners are ready and await
ing the opportunity to give complete
information and their offer Of proof
Is to testify fully and unrestricted as
to all matters involved in the capitol
project. Until this Is done there has
been no investigation Of the capitol
commission.
mo evidence has been offered on
the part Of the commission, either
direct or In cross-examinatiou."
In q statement Tuesday Sinkler
said decision on the advisability Of
calling members Of the capitol COM
mission to testify would be made at
ter all other testimony Is concluded.
when I shall have decided as to
whether or not I deem It necessary to
call the three commissioners" Sink
Ter said, after al other testimony
has been produced, or II those gem
tlemen decide to appear voluntarily,
they can offer all tho testimony they
desire under the rules adopted. We
win not nor can 1t be expected that
rules win be changed to suit the within,
convenience or caprice Of these gem
tlemen. They shall b examined UNI
der the rules adopted and not other
WISE"
The statement said the rules Of
the capitol hearing are the same as
those adopted for an Investigation OF
the Bank Of North Dakota In 1921.
He severely scored "the I. v. A. press"
for what he said were attempts to
make the committees conduct Of the
investigation appear to be unfair.