Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1876-05-04

The Opinion of Our Legal Reporter
ON Ihe Question Of Ampenchments
in General.

lew meetings OF the General Council,
which resolved itself into a high court Of
impeachment for the purpose Of investi-
eating certain charges made against the
Recorder and seeing the legal difficulties
and muddles into which the non legal
City Fathers became entangled on the
Impeachment question, determined to in
vestigate the subject from q legal stand
point, and the results of his search
among old books aud authorities are as
follows:
Impeachment is the accusation and
prosecution Of a person for treason or
other crimes and misdemeanors. An
impeachment before the Lords and Com
mons of Great Britain, in Parliament, is
a prosecution of known and established
law and hath been frequently put in
practice. 1t is a solemn, grand inquest
of the whole kingdom. The custom is
derived Rom the constitution of the an
cient Germans. Blackstone describes it
fully in the fourth volume Of his com-
mentaries, page 259, and discusses it at
great length. But to leave the musty law
books, filed with old legal lore, let US
see what the Constitution Of Tennessee
says on the subject:
Section IA, article l, of the Code, says.
That no person shall be put to answer
any criminal charge but by presentment,
indictment or impeachment"
Section l, article 5, says: THE
House Of Representatives shall have the
sole pardon of all impeachments."
Section 2, article 5, says: IAN i'm.
peachments shall be tried by the Senate"
Section 4, article 5, says: THE Gov
ernor, Judges Of the Supreme Court,
Judges Of the Interior Courts, Chancel-
Tors, Attorneys for the State, Treasurer,
Comptroller and Secretary Of State shall
be liable to impeachment whenever they
may, in the opinion of the House Of
Representatives, commit any crime in
their official capacity which may give
disqualification, but the judgment shall
only extend to removal from office and
disqualification to fill any Office there
after. The party shall, nevertheless, be
-
liable to indictment, trial, judgment and
punishment according to law
Section 5, article 5, says: Justices
Of the Peace aud other civil officers not
hereinbefore mentioned, for chimes and
misdemeanors in office, shall be liable to
indictment in such courts as the Legis-
lature may determine, and upon convic
ton, shall be removed from Office by said
court, as if found guilty on impcach-
, ment, and shall be subject 20 other pun.
= ishments as may be prescribed by law"
From the above constitutional edicta
, it would seem that this is a constitutions
provision for crimes and misdemeanors
in Office by any other civil officer thar
those enumerated in section 4, article 5
1t may be doubtful if under this section
it is constitutional for any act Of the
Legislature to prescribe any mode Of re
. movsl from office other than by indict
: ment by the grand jury, and if an office
Of the city is a civil officer" the Leris
lature may direct in what court and may
organize a special court to try ofensec
denominated, but whatever court is di
% rected to try them must proceed by il.
dictment and not by articles Of impesch
ment. In the city charter, section 46, i
e is written: THAT any person holdinl
Y Office under the provisions of this char
D. ter may at any time, for any crime o.
misdemeanor in Office, or for gross i'm
g. moral or improper conduct, or for any
d violation OF this act, or the ordinance
of the city, be removed from Office by
]. vote of two-thirds Of tue members elec
Of the General Council, in JOINT session
assembled for that purpose, and tn.
General Council shall, by ordinance
d provide for and regulate all trials in sucl
# cases."
Section 80 makes similar provisions
IS for the removal Of the Mayor.
D To reconcile these sections with sec
n ton 4, a%rticle5 5, of the State Constitution
is an interesting problem for the Genera
Council sitting as a Court Of Impeach
]. ment, and the important legal question
- comes up, is the General Council sittin.
as a Court OF Impeachment, a court, c
m is it not a court2 If it is q court it mus
[ proceed by Indictment; if it is not
, court, it cannot proceed by Impeachment
or otherwise. Indeed, the proceeding
! as mapped out by the charter resemble
a court-martial more than a court Of jus
re tice, where semi. military charges an
specifications are preferred. 1t is vi
doubtedly q misnomer in law to call it a
: impeachment trial and it was a gray
error to so term it in the proceedings.
D. In the case of Tregelly VS.. Memphi:
9th Caldwell, it was held by the Suprem
Court that all ordinances repugnant t
the State Constitution are void"
If a board Of city corporation has II
legal right to try impeachment case
~ then a board Of bank directors has iuI
OF as much right to try impeachment case
as to its officers, and a base ball clu
would have the same right to try one
DO its immortal nine for missing Q fly,
Our legal reporter Investigated thi