Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-17
Afternoon Session.


recess was taken TO 2:30 p. m.
Afternoon Session.
The court reconvened at 2:3O p. m. Presi-
dent Gilman presiding.
Proceedings were commenced by James
Smith, Jr., of the board of managers. who
briefly addressed the court He said he d
not intended to speak upon the question, but
his associates had thoughtit duty incumbent
upon him from the position he occupied, and
he never shirled known duty. He had been
present with his associates in the examination
of the authorities bearing upon the question
involved, and he was thoroughly satisfied that
drunkenness was an indictable and an i'm
peachable offense, and that public policy re-
quired public rebuke of an official weld
ing himself to the influence of
this vice, as was alleged against respondent in
the articles of i'm peachment. Mr.. Saith ar
gued that the offense charged was an inn
peachabe offense under the common law, but
went further and maintained that if the facts
were as alleged, it was the duty of the senate,
sitting as high court Of Impeachment, to
remove the respondent from the Office he was
disgracing. But first it was its duty
to override the demurrer, so that the case
could be heard on its merits, and the respond
ent given an opportunity to dlsprove the
charges against him, or in case of failure,
that he be made to suffer the consequences of
his folly and weakness.
This closed the argument for the board of
managers, and Mr.. Walter Sanborn of counsel
for respondent, proceeded to deliver the clos
ing argument. Mr.. Sanborn, after a brief
aflusion to the magnitude Of the interests in
VOWED in the hearing, directed his attention to
reviewing the arguments of the managers who
had preceded him and in support of the claim
set up in the demurrer that the charges made
in the articles of impeachment, constituted no
impeachable effense, and that therefore the
court had no jurisdiction in the matter. In his
argument Mr.. Sanborn took the position
that an impeachment court was governed by
the rules Of common laws like other courts,
with like limitations as to powers, and that
their findings must be governed by the law
and the facts in the case the same as in other
legal tribunals, in support of which he pro-
duced large number of authorities, going
back to the Jays of Charles I, and down to
the time of President Johnson's impeachment
At the close of Mr.. SanbOrn's argument,
which was attentivelv listened to by tie court
and spectators, President Gilman announced
twenty minutes to 6 o'clock, the court
went into secret session to consider
their decision upon the demurrer,
When this action was taken the general
supposition was that decision would be
reached in very few minutes, in anticipation
of which the counsel for respondent and board
of managers took up a waiting position in the
municipal court room, while the reporter en-
sconsed himself in the keyhole to take in tn
racket e
The music was inaugurated by resolution
in general terms sustaining the demurrer,
which would have the effect of putting an end
at once to the impeachment proceedings. To
this an amendent was offered that the demur-
rer TO the first sixteen articles be overruled,
and sustained as to the 18th, 18th and Goth, and
that as to the 10Th specifications be required
from the board of managers, or no evidence
be received as to it.
These motions started lively debate, par
ticipated in pro and con, by Senators D. Buck,
C. F. Buck, Castle, c. D. Gilfillan, Adams,
Crooks, Campbell, Wilson, Kinds, Rice and
Powers, some of them speaking two or three
times, and going over the leading points
advanced by counsel for respondent, and
members of the board of managers. Finally
test vote was taken upon the question of sus-
tanning the demurrer as to the 18th, 18th and
Doth article, -aHd the motion was defeated
by the following vote:
Yeas-Adams, BOnniwell, Castle, Crooks,
Glfillan C. D., Mealey.-6.
Nay-Aaker, Buck G. F., Buck D., Camp
bell, Case. Kinds, Howard, johnson A. NJ,
johnson F. L., johnson R. B., Macdonald,
Mccormick, Mclaughlin, Miller, Morrison,
officer, Powers, Rice, Shalleen, Tiffany, Wheat,
White, Wilson.-22.
This vote must not, of course, be taken as
giving any indication of the opinion of sena-
tors as to the guilt or innocence of respondent,
as that question was not involved in any way,
the only point being as to whether the charges
preferred constituted offenses of which the
of
were brought to take cognizsnce.
Another vote was taken as to sustaining the
demurrer as to the 10Th article, but that was
also lost by vote of 81 to 2.
Further discussion followed finally result
ing in the adoption of an order reciting that
the demurrer be overuled as to all the ARTICLES,
but that the board of managers BIT
required to furnish specifications
by January 6 next as to articles II
and is, and that in case such specifications be
not furnished, no testimony be received as to
those articles.
Tie doors were then opened, and counsel
for respondent and the board of managers,
having taken their seats, the order as
above was read. A short consu ta-
ton then ensued as to the time when respond
ent shonld file his answer, resulting in tn
adoption of a motion giving him until January
10, the day upon which the court is to. meet
for the trial, for that purpose.
It was then voted that when the court ad-
journs it be to January 10, at IL m.
President Gilman at this point announce
that another secret session was necessary, and
all but members were again eXclu ed. This
session was very brief. 1t is understood to
have been taken to consider what action, if
any, could be taken to compel better attend
ance of senators when the court recon
vened than there had been at the
present session. The brief discussion re
suited in general acquiescence in this opin
ion, that the senate could do nothing in the
premises, and that the question of attendance
or non-attendance must be left to each senator
himself. to be decided in accordance with his
own views of duty he doors were then re-
opened, and Immediately thereafter the court
adjourned to January 10, at IL m.