Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-24

be so arbitrary, unjust and illegal, a. 10 raise
a universal cry Of indignation from all tho
people, and that the Impeachment of those un-
faithful judges should be made the real issue
of the election for members Of the Legislature,
and that majority of the members would be
elected upon that issue. And yet, upon the
principle advanced here by respondent, chal-
lenges would lie against the majority, and
thus the real voice of and demand of the
people would be thwarted. It was dangerous
precedent and ought not to be established.
Mr.. Davis, being given permission, said he
desired to bring the minds of the Senators back
to the real issue involved, the declaration of
the bill of rights that every citizen accused
tial trial, and the power granted to each house
to decide as to the eligibility of its own men,
bers. The duty before the Senate is to give
accused speedy and impartial trial, and the
power to purge yourself of any obstacle calcu-
lated to prevent honest and just finding II
In your own hands. The supreme court OF the
State is power unto ITSELF judicially. And
yet, until recently, the business of that court
was at dead lock from the fact that two of
it's Judges were interested in cases pending be-
fore it, and the organic law of the State had to
be amended to allow unprejudiced parties to
sit upon the trial of those cases.
In conclusion, Mr.. Davis read the oath sub
scribed to by the Senators, and reminded the
Senators that under that oath they had nothing
to do with public sentiment, but simply to
hear the evidence presented and then decide
the issue according to the law and facts.
ate, which at 1915 went into secret session.
At 1:15, without having disposed of the mat
ter, q recess was taken until 3 P. NJ.
Afternoon Session.
At the hour named, the Senate resumed its
secret sitting, spending another hour with
closed doors. The doors were then thrown
open, and managers and council having taken
their places, President Wakefield announced
that he had been directed by the Senate to in
| form the respondent that it had decided not to
| receive the protest.
| THE JURISDICTION.
Manager Campbell-The managers suppose
the next business in order is consideration of
the plea made by respondent of want of juris-
diction.
The Senate signifying its willingness to pro-
coed in this matter, Mr.. Davis of counsel, pro
ceeded briefly to review the preliminary pro
ceedings in the case. Reaching the presentar
ton Of the articles Of impeachment in the
House, he raised the point that the articles
having been adopted by simple viva voee vote
there was no evidence to show that they hac
been adopted by a majority of all the members
of the House provided in the constitution
and therein the proceedings were ia
tally defective. Another objection wa!
that the articles of impeachment said to have
been adopted, nowhere appear on the journa
of the House, and the Senate has no evidence
of their legal adoption.
Manager West replied land held that the adop
ton of the articles and report Of the sam,
being made to the Senate, Sherman Page wal
impeached. He also held that it was not es
sential the articles should be presented to tn
, House at all, and cited authority to sustain hi
? position. He also controvertcd the argumen
that yea and a nay vote was necessary. Fur
, Their, articles of impeachment having been Ger
titled to the Senate by the Speaker and clerk o
the House, it devolved upon the respondent t,
! show that they were not legally adopted.
Manager Campbell said the identical ques
ton was raised in the trial by Judge Barnard
in New York, when the preliminary action wa
the same as in this case, and the Senate of tina
State held that the presentation of the article
to the Senate by the managers all tn
notice of impeachment required by that body
Mr.. Davis, of counsel, controverted the 20
sition of Manager West at some length, ant
again pointed out the constitutional defects i,
the mode of procedure by the House, especial
} ly the entire absence of any second showing
that the affirmative vote in the adoption of tn
articles comprised majority of the tota
membership of the House.
Manager Mead said it was the view of tn
managers the court would receive the paper
filed by the managers, certified to by tn
speaker and clerk of the House as the identica
impeachment articles passed by the House, an,
if any question raised on the subject,
would devolve upon the respondent to prov
the contrary.
With these statements the question was sub
) mitted to the court, which on motion of Sena
tor Nelson again resolved itself into secret SEES
sion. There could have been but little differ
} ence of opinion among the Senators, for tn
doors were opened in about FIVE minutes, a res
olution having been adopted overruling tn
J plea of respondent, and the court adjourned t
J this morning.
Annie Louise Cary.
It falls to the fortune of but few al
tistes to so completely enjoy the spontaneou
and unaffected friendship of the public as il
the case of Miss Annie Louise Cary. A seen
that occurred in Boston few nights ago fairl
illustrates her popularity. A dramatic pape
thus relates it:
The scene which followed the third act o
Aida at the Boston, last evening, has seldor
: been enacted in this city. The curtain ha
, rung down on Miss Kellogg's most creditabl
effort Of the evening, which was rewarded by
recall and profuse presentations of flowers. Thi
did not appease the enthusiasm of the audi
ence, and amid increasing applause, Miss Ke
logg, in company with the tenor, Frapoll
| do