The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-03-02
West Virginia Legislature
SATURDAY, February %.
SENATE.

: SENATE.
House joint resolution impeaehing
William l.. Hmdman, Judge of the
Eghsh Judicial District, was reported
from the House for the action Of the
Senate ..r
Mr.. HOkE moved to postpone the
matter until Monday next, and that i'll
the meantime committee of five be APP
pointed To take testimony in relation to
the case. -''
Mr.. CHAPLINE hoped that motion
would not prevail, and that the Senate
would goto work and try this case at
once, and be- done with it.
Mr.. H0KE said be merely made his
melton i'm order to save time and do the
man Justice. He was afraid the case
was not very well managed in the
House. He thought that body too large
to give it the attention necessary TO
consider all the facts. Hsn
aMr. CEIAPLINE was opposed to refer
ring the testimony To committee. 1t
took too,much time and the Senate was
already behind with the calendar.
Mr.. FARNSWORTH hoped the motion
to postpone would be withdrawn. He
said it was common with jury to hear
the evidepoe in q case, and be hoped 1T
would be the pleasure Of the Senate to
receive the written testimony from the
House. ,...r .sI.3. .....
Mr.. HOKE said it was simplya a civil
suit and not u criminal case aud he was
satisfied to receive the written testi-
mony rs cross examined in the House.
Hesthought that would be moro salts
factory 20 Judge Hindnau's friends.
He would Withdraw his motion to post
pone.
Mr.. DIX wanted to know whether
Judge Hindman had any witnesses.
Mr.. CHAPLINE said fair trial de-
Elauds that the witnesses who appeared
before the House should appear before
the Senate so that Judge Hndman's
friends conld hear the testimony.
The SPEAKER suggested that the
Senate could have both; the written
testimony first, and ifthat was not salts
factory, could examine the witnesses
afterwards.
Mr.. CARSKADON was Il friend of
Judge Hindman, as be would be to any
man in his condition. He hoped the
case wonld be proceeded with aud the
witnesses examined.
Mr.. CHAPLINE moved to have the
witnesses attend the Senate, which was
agreed to, and the Chair instructed the
Serpeart-at-Arms to bring them before
the Senate.
The witnesses were here sworn ard
gave the same testimony as was re-
cejyed i'm the House on last Friday.
Mr.. HOKE thought the evidence was
perfectly clear, the charges each were
sustained ami that it was unnecessary
To argue the case. II was plain that
Judge Hindman bad violated and acted
in defiance of the decision of the SUI
preme Court of this State, in permitting
attorneys to practice without taking
the test oath, therefore he was ready to
vote for the resolution. 8.
The resolutions of impeachment were
then, on motion, separately adopted,
AVID then adopted as whole BY the FOL
lswing vote.
YEAs-Messrs. BoTeman, Burley, Cars
Ladon, Chapline, Dix, Dawson, Drum
m1nd, FarnswOrth, Foster, HOke, Mar
tin, Price. Slack, Werninger, Workman,
Wright, YCung, Zinn and Mr.. President,
(Stevenson.)-l9.
NAYs-MeSsrs Applegate and Wilson.
So the Office of Judge of the Eighth
Judicial District stands vacant by this
action.
RESOLUTIONS.
By Mr.. YOUNG-That the Commit
tee on Education inquire into the eXpe-
diency of disposing of the public schools
and academies in POcahOntas and Green
brier counties, and make an equal valu-
alton of the same for said counties, and
report by bill or otherwise. Adopted
By the same-That the Legislature OF
West Virginia request the Governor OF
the State to appoint the 10th day OF
April next for convening the Leglsia-
ture for the purpose of codifylng the
laws of this ate. Lays over under
the rules.
MIR. FARNSWORTH offered the fol-
lowing Joint resolution, and moved that
the rules be suspended in order that 1t
might he adopted to-day. ~
Resolred, That onr Senators insthe
Congress of the United Sta es he in.
structed to vote for the impeachment OF
the President Of the United States, in
support of the resolution lately passed
by the House.
Mr.. HOKE said he would not vote for
this resolution, as he considered Sena-
tors were bound on their solemn oath
TO discharge their duties as jurors, and
it was wrong to embarrass them In the
legitimate exercise OF their jndgment
by placing impediments IN their way.
Mir. FARNSW0RTH held that it was
common practice for juries to be in
structed, and that the people of this
State had a perfect right to instruct
their Senator'S through the Legislature.
Senators were only the creatures of the
Legislature, end in consequence the
Legislature was the higher p.wer, and
that Senators frequently needed some
instructions from it. 1.-THE Senator was
honest and veheinent in his remarks
about the higher power-REP.J
Mr.. CHAPLINE said he would not
! vote for it. Thought it would place an
Injunction on the Judgment of Senators
He could not "ses" the. higher power
aud hoped the resolution would be
voted down.
Mr. YOUNG said he would vote
| against the reSOintlon. nc tnouSuO tne
Senator from Upshur had the cart be-
fore the horse in placing the Legisla,
ture higher power than the United
States Senar G. He was in favor of pass
ing some such resolution in a more
modified fern, and moved to strike out
the word INSTRUCTED" and iusert IRE
quested.nI < ii e ~ &
The CHAIR decided he was ont el
order. The question being before th,
Senate was the suspension of the rul, 5
Mr.. FARNSW0RfH said he did not
want to create jar among the Sen
ators; be would, therefore, withdraw
the resolution. lie felt contdept, how
ever, that the Senators needed some in
struetions from this higher power, ol
which they were the creatures. :
So the debate ended with the with
drawal of the resolution, s...r
BY Mr.. CHAPLlNE-A joint resoiu
ton that the committee appointed tt
investigate rhe hospital for the insane
at Weston shall set after the adjourn
ment of the Legislature, and be allow
ed four dollars per day and travelling
lexPenses paid. '''' ''@.'