Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-03-07
THE IMPEACHMENT
MORE OF THE PRELIMINARIES
FINED,

MORE OF THE PRELIMINARIES
FINED.
Rules Adopted and Officers of the Court
Elected-Page Ready to Appear in Twenty
Days-Service on Him to be Made at
Austin-senator CIough Sworn In Spite of
Objections.
According to adjournment, at the hour of II m.
yesterday, the Senate resolved itself into court of
peachment per resolution, and counsel and mana
gers took their places upon the floor. Senators Don
nelly and Henry, who were not present
when the oath was administered to the other sena-
tors, were sworn by the president.
Senator ]. B. Gillian then submitted the follow
ing report Of the committee to prepare rules which
was adopted.
The report prescribes the form Of summons, &C.,
and then recommends the adoption of certain reso-
lutons, of which the following is q synopsis:
PROCEDURE.
l. That the Senate as court with the necessary
That for such purpose it regulate its own
procedure.
3. That once organized the court can proceed re-
gardless of the legislative limitation until its specific
duties are performed.
4 That for such purpose no extra session is
essary.
g. That it has the power to cothe the managers to
meet all proper emergencies, and from their decis-
ion there can be no appeal.
g. The secretary of the Senate to notify the House
of the adoption of rules for governing the court.
Z. Clerk to propose and publish journal of pro-
ceedings.
g. Rules of Senate to govern.
3 President given power to issue all ordere, ETC.,
authorized by the court and to enforce all regua-
tons as may be authorized And the court shall
have power to compel the attendance of Witness
and to enforce obedience to its ORDERS ETC., for
which the sergeant-at-arms under the direction of
the Senate, may employ needed assistance. Counsel
for parties to appear and be heard.
Upon the fling by the respondent, of plea or
answer to any article of impeachment exhibited by
the House, controverting the matters in such article,
the cause shall be deemed at issue. and such article
without any application to such plea or answer by or
ON the part of the House, and without any formal
Joinder of issue. And upon the filing by the
spondent of demurrer to any such article issue of
law shall be deemed to be fully joined therin without
any formal re- oinder in demurrer by the part
| OF the House,
Rules to be printed for the benefit of members of
| the court.
THE CHALLENGE cLoUGH.
| Senator Nelson moved that the court hear the ar
| gument on the challenge interposed yesterday.
Senator Armstrong thought if the argument
| likely to occupy much time, consideration of the
subject ought to be postponed until the trial COM
menced In justice to business before the Legislature
Mr.. s. L. Campbell, of the managers, supposed he
would require some fifteen minutes to present his
| case.
Mr.. Davis of the counsel, presumed it would take
him three-quarters OF an hour to properly present
| his argument on this point.
Mr.. Donnelly favored postponement, believing it
better not to undertake the consideration of any
| issue at this time.
Senator c. D. Gilhllan took the position that the
| Senate was organized as court, and that it
competent TO make such disposition of the challenge
as 1t saw fit. He favored postponement in view of
| the condition of the general business.
| Upon the point of time, Mr.. Davis, of counsel,
said as he read the constitution the trial could be
brought in twenty days from service nnder the ar
ticles, and that he held the written authority OF
Judge Page to accept such service ct any time
| yenient to the court.
Mr.. Campbell, of the managers, desired the sena-
tor to decide such service mentioned by counsel
would be satisfactory. II 1t would greatly Sim
A vote was here had on Senator Nelson's motion
was lost.
Senator J. B. Gilhllan moved an order for the is
suance of process upon respondent, returnable
Thursday, March 2, at pm.
Mr.. Davis of counsel, said he was desired by
Judge Page to admit service in these proceedings,
and If the court would accept he would send UP no.
tice of appearance and acceptance, which would do
away with the necessity of q visit to Austin
MIR. Mead, of managers, thought such service
Mr.. Campbell, of managers, said his first impress
sion was that the service proposed by counsel would
be sufficient. Bnt as doubts had been raised, he
thought would be better to have personal service
Senator j. b. Gilfllan held that the matter of per-
sonal service being jurisdictional question. it
could not be varied.
The order for personal service was then adopted.
OFFICERS OF THE COURT.
President Wakefield, of the committee, then made
the following reports as to officers of the court:
am instructed by the committe appointed by the
Senate under resolution of Senator Armstrong, to
select such officers may be deemed necessary to
the Senate sitting as high court of Impeachment to
| present the following for election by the
Senate:
Chief Clerk-Chas w. Johnson.
Stenograph Reporter-G. N. Hillman.
| Sergeant-at-Arms-M. Anderson.
Assistant Sergeant-at-Arms NJ. Tousley.
! l am also directed to appoint Myron Mullen a.
page. B. WAKEFIELD,
President Of the Senate.
The report accepted, and the Senate pro-
ceeded to the election Of officers those named in
the report being unanimously chosen, after which
the court adjourned until O'Clock this morning.
: AFTERNOON SESSION.
Notwithstanding the court adjourned until this
morning, Immediately upon converting for the after
noon session, motion of Senator c. ID. Gilfllan.
the Senate resolved itself into court of impeach-
ment, and on motion of Senator Doran, the officers
of the court named by the committee and elected by
the Senate were reelected by the court after which
> the oath was administered to them by President
Wakefield.
Senator Clough-Mr. President, as Senator from
= Mower county, have the right to be sworn as &
r member of the court, and ask that that duty be
performed at this time.
/ The President-What action will the Senate take?
y Senator Boutwell, move that Senator Clough bt
+ | sworn in.
Y Senator Neson-I second that motion.
C Senator Donney-I do not think there is any anal
g ogy between this court and jury, and that Mr.
Clough. being Senator, he had right to be sworn
but as counsel for respondent had raised the point
II he thought it than right they should
present to state their objection.
Senator Deuel-If one Senator can be objected to
1T all could and there could be court.
4 Senator Nelson-f challenge be impose
against one Senator, it can be against ALL and thu
the trial delayed if not prevented. Challenge
| tempted in the case of Andrew johnson, but it wa
denied AS matter of right, Senator Clough ough
II to be and not kept in the anomalous position
is he was now placed
Senator C. D. Gilfllan-As the matter brougt
y | up this morning when counsel present, an
lie postponed Gnt tomorrow evening, he did not thin
n it right to take action He therefore moved tbs
further consideration of the resolution be postpone
until tomorrow evening.
ri Senator Goodrich-Under the understanding ha
this morning, it hardly seems proper to take acto
ne now.
As Senator Doran-The Senate will not have time t.
morrow evening to discuss this question He though
III action ought TO be taken now.
40 A vote was then had on Senator Nelson's motion
by the president
e. Senator Mcclure offered the following resolution
r. which referred to the committee on rules:
ResOiCed, That when questions of law shall ari
Oh during the trial of this impeachment the argume
ne Of counsel and managers thereon shall be limited
twenty minutes each, and that more than one 9
gument each side be heard, unless the court sha
Isf otherwise order,
]. The court then adjourned.
,er Fire Last Evening.
he A fire occurred last night about half-past t
TIA on the corner of Banfield and Fort streets.
de fierce were the flames that the yellow misty
ys, mosphere was lighted up and visible all O,
ar the city. A GLOBE reporter was soon on
:. ground and found the fire was in an old @
- L., i 49,