After the speech from Rep. Olger B. Burtness, the vote for House Bill 28 was put on hold.
Upon a motion from Rep. J.F.T. O'Connor, and an amendment from Rep. Luther L. Twichell, the House formed a committee to investigate these books and the State Library Commission (SLC). The committee consisted of three members from the majority and two from the minority.
The majority members of the Nonpartisan League (NPL) were:
The minority members from the Independent Voters Association (IVA) were:
Walker was named chair, and the House Book and Library Investigating Committee (or the "free love committee" as the anti-NPL newspapers liked to call it) began its work right away. It started with a tour of the SLC and a review of the traveling library collections. The tour was presumably led by Anne E. Peterson, Deputy Librarian (acting State Librarian). Peterson, who had now been on the job for about two weeks, was caught in the middle of this book scandal.
The initial hearing was informal. Witnesses were not called or sworn in. Instead, the committee had an interview with Peterson and the Board of Administration.
Almost immediately, the answers given by Peterson called into question the validity of Burtness' accusations. Peterson stated that some books were ordered by Charles E. Stangeland, but at her request; some of the other books in question had been in the library for several years; and certain books, particularly Ellen Key's, were never intended for circulation to schools. Peterson added:
"...I should not have been appointed to this position if it had not been assumed that I could distinguish between books for children and adults."
Peterson submitted a report into the record that stated the books were added to the SLC's collections for research purposes not for any nefarious schemes to further a certain political agenda, and she added in her report that:
"...public education is the fundamental function of [libraries]."
Despite the clear statements from Peterson, it was apparent that the book scandal was going to be more about the NPL/ IVA political battle. After her report, George A. Totten (Chair of the Board of Administration and NPL member) chided Rep. O'Connor (a member of the IVA) and asked him what he would classify as an objectionable book, and he also asked:
"Do you fear the injury that books may do to intelligent people who read them?"
And, although the committee had barely started its investigation, the Bismarck Tribune reported that the committee had vindicated Burtness' accusations.
Being fully aware of the external battle occurring in the newspapers, the committee's next action was to decide on having open or closed meetings. O'Connor made a motion to keep the proceedings of the committee open so:
"...that all who would like to be present may be present."
Allegedly, this was so pro-IVA reporters could attend (thus, continuing the smear campaign against the NPL). O'Connor's motion was seconded by McLaughlin. However, when put to a vote, the NPL majority on the committee outvoted the IVA minority and the meetings were closed to the public.
Next, the committee decided it needed a lawyer. Rep. Walker, as chair, went before the House and received approval to obtain an attorney. This was against the objections of the committee's IVA minority, but they were again outvoted.
The committee selected Laureas J. Wehe to represent them. Wehe, a member of the NPL and a commissioner of the Workmen's Compensation Bureau, would handle the questioning of witnesses.
Wehe would later write the NPL had pleaded with him to serve as legal counsel. NPL leaders told him "they were in a bad fix" because Rep. O'Connor was "running away with the committee," and he "must be headed off."
O'Connor, a lawyer himself, assumed the responsibility of questioning for the IVA minority.
Members of the Committee
Rep. John H. Burkhart
Rep. Sheldon W. Johnson
Rep. Peter McLachlin
Rep. J.F.T. O'Connor
Rep. Richard H. Walker
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