The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1881-12-22
COX IMPEACHMENT CASE,

Meeting or the VI innesOta Senate as a Court of
Impeathmcut-The Dcmurrer-The Trial
Jan. 10.
On the 18Th the senate met as high court
OF Impeachment to he r. the arguments on tho
demurrer Of the defendant to the articles Of
impeachment against Judge E. St Julien Cox
o. the Niath district. The respondent, Judge
Cox, WAS present, and with his counsel, > L. Allls,
Judge Dri-klu aldJ. W. Arctandsr; and also the
board of House managers appoint cd to prose.
cute. After good dell OF unimportant pre-
hmN@r,' h1siress, Mr.. Lorenzo Allls, counsel
for in Ise Cox, read the demurrer, which denies
that lhe fact. in the articles constitute
corlup. conduct in cf1ico, nor any crime or
msdenl: a4or, etc, and prays that judgment be
dismissed. The defence not being ready to
proc led Win tho argument the court ad iourned
to Thurs ay, 18th.
Uron rea ssonl':iing on that day rulo was
adopted, limiting the arguments on esch side to
six h"ilrs esch. \ communication was receiysu
' frcm ilon: c: 4 Davis, announcing that b,
Allis proceeded with bis argument for the de-
ieudlnt, arguing that the allegation did
not constitute any offense OF which the
court coul take cogniz ance, THAI
that 40 olfeuse Was impeachaDlo, unless it was
lnh:c able, ana that then TO be mpeAchaOle the
otIrn:: mast have been committed under cover
OF his ulnca! position, eHenses committed out
side VI the nii '.l position being punishable as
az! :; Individuals in private pursuits. Under
our laws. drunkenness in private, in public, on
tic bench or OF the bench is lot made d mis-
dem amor, Or it is al inuc1able otfense undel
the common law. The statute of 1878 makes
hdtltual drunkenness a cause for removal
from Office by tho proper tribu, al
Bat this court docs not get its powers from the
statute, but from the constitution, aud it can
only exercise the powers conferred upon it by
that instrument.
1t ther, fore follows if drunkenness is not an
impeachable offence-an ind!ctable offence
then the respondent is not tliable before this
tribunal, but his trial and punishment, il he
has committed the offence charged, belongs to
the courts
Manager Ilicks then opened in opposition to
the demurrer: After briefly ailuding to the gray
ity 0! the Offences charged, Mr. Hicks took up
tue question OF jurisdiction, upon viii III he
reau section l, OF article Is Of the constitution
from the language Of which he said 1t was clear
to be seen that tAis ccurt was fully empowered
to y certain officials, among whom was the re-
spondent, for either corrupt conduct, or the
crimes or msdemeanors in office.
dent, that All offeuse to be impeachable must
be l>dctable, in support OF which he read from
Judge Lawrence, of Ohio, and other we'll known
lurlsts, his point being that impeachment is
not Escorted to for the punishment OF crime,
but to secure the removal Of an unfairhful Of
fcial.
Manager Could of Winona, continued the ar
gulnenl on Friday for tho prosecution. Hewas
followed by Manager Dunn on the same side,
also Manager Collins, Of st. Cloud. and Man
Walter Sanborn of St Paul, closed for the
dcfeliae.
The senate or high court then delberated.
A resolution WAS offered by Mr.. Mcdonald
that the demurrer be overruled with the txrep-
ton Of articles seventeen and twenty ("llch
cN.taias omnibus charges Of drunkenness while
On the bo ,ch, ald visiting houses Of Ill fame,
and consol ting with harots, from January 4
1878 to October Il, 1SSl) and that the board
OF managers furnish the counsel for respond
cnt with a bill OF particulars as to these arti-
cits l'eforc JAl.uary 8, 1882.
Mr.. Castle Offered g resolution that the de-
murrcr so far asst relates to article nine, charg-
inS that on October = 1881, the respondent
visited house OF i'll tame in Ramsey county,
be sustained.
IT, bill }, on Mr.; McDonald's resolution was
Buck, D., Campbell, Kinds, Howard, JOHNSON
A. N, johnson, I. l., Johnsou, r. B., McDon-
aid, Mccormick, Mclaughlin Miller Morri-
son, Officer, Powers, Rice, Shalleen, Tiffany,
Whess, White, Wilson-22. Nays-Messrs.
4 ans, ;Bonniwell, Castle, Crooks, Gilfllau, G.
d.. Mcaley-6.
The Votes Oh Mr.. Castles resolution stool
ayes =, nays 27-Messrs. Castle and Gillian
being the only ones voting in the affirmative.
Finally a resolution was introduced overru.-
ing the entire demurrer which was agreed to bv
a vote of ayes p, naya3 s.
The court then adjourned to meet at IL
o'clock, January 10, to proceed with the tria
of Judge Cox.
All Austrian Diphtheria Cure.
In paper read at the Medical Socie ty of
Victoria Australia, DR.. Day stated that,
having for many years regarded diphtheria
III its early stage, as purely local affection
characterized by q marked tendency to take
on putcifactive decomposition, he has trust
ed most to the free and constant application
of anteseptics. ana when their employment
has been adopted from the first, and been
combined with judicious alimentation, he
has seldom seen blood poisoning ensue
In consequence Of the great power which
salt possesses in preventing the putrefac-
tive decomposition Of meat and other Or
ganic matter, DR.. Day has often prescribed
Tor d!phtheric patients living far away from
med cal aid the frequent use of gargle COM
posed OF a tablespoonful or more Of safe
dissolved IN tumb]er of water, givin 2
children who cnnnot garge teaspoonful
or two to drink occasionally. Adults to us
the gargle as prophy lactic three or TO ur
ines day.
ISAAC SPELLMAN, ofBenton, Ohio. led
l. lille Atkinson to the altar, and when the
m mister asked her if she would be Isaac's
=