Morris tribune., 1881-12-22
cox IMPEACHMENT CASE.
Meeting OF the Il InneSota Senate as a Court OF
Impeaehment-The Demurrer-The Trial

Meeting OF the Il InneSota Senate as a Court OF
lmpeaehment-The Demurrer-The Trial
Jan. 10.
On the 18Th the senate met as high court
OF imp Rchment to hear the arguments on the
demurrer Of the defendant to the articles of
Impeachment against Judge E. st Julien Cox
of the Ninth district The respondent, Judge
Cox, was present, aud with his counsel, L. Allls,
Judge Srisbin andJ. W. Arctander; aud also the
board OF House managers appoint ed 10 prose-
cute. After good deal Of unimportant pre-
hminary busir ess Mr. Lorenzo Allis, counsel
for Judge Cox, read the demurrer, which denies
that the facts in the articles constitute
corrups conduct in office, nor any crime or
misdemeauor. etc, and prays that judgment be
dismissed. The defence not being ready to
proceed with the argument the court adjourned
to Thurs day, 10Th.
Upon reassem bling on tha. day rule was
adopted, limiting the arguments on each side to
six hours each. A communication was received
frem Hon. c. & Davis, announcing that he
would appear as counsel of re- spondont. Mr..
Allis proceeded with his argument for the de-
feudsnt, arguing that the allegation did
not constitute any ofense or which the
court coull take cogniz ance, thas
that no offense was impeachable, unless it was
ind;c.able, and that then to be improbable the
offenso must have been committed under cover
Of his official position, offenses committed out
side OF the official position being punishable as
against individuals in private pursuits. Under
our laws, drunkenness in private, in public, on
the bench or OF the bench, is not made mis-
demeanor, or it is an indictable offense under
the common law. The statute OF 1878 makes
habitual drunkenness cause for removal
from Office by the proper tribur al
But this court does not get its powers from the
statute, but from the Constitution, and i. can
only exercise the powers conferred upon it by
that instrument
1t therefore follows if drunkenness is not an
impeachabie offence-an indictable offence
then the respondent is not triable before this
tribunal, but his trial and pupishnent, if he
has committed the offence charged, belongs to
the courts.
Manager nicks then opened in opposition to
the demurrer. After briefly alluding to the grav-
ity of the offences charged, Mr.. Hicks took up
the question Of jurisdiction, upon which he
read section 1, of article Is Of the constitution
from the language of which he said 1t was clear
to be seen that this court was fully empowered
70 try certain officials, among whom was the re-
spondent, for either corrupt conduct, or the
crimes or mlsdemeanors IN Office.
He denied the position Of counsel for respon-
dent, that az ofense to be impeachable must
be iEdictable, in support Of which he read from
Judge Lawrence, of Ohio, and other well known
jurists, his point being that impeachment is
not resorted to for the punishment Of crime,
but to secure the removal of an unfaithful Of
fetal.
Manager Gould, of Winona, continued the ar
gument on Friday for the prosecution. Hewas
followed by Manager Dunn on the same eide,
also Manager Collins, Of St Cloud. and Man
ager Smith, of st. Paul
Walter Sanborn, Of St Paul, closed for the
defense.
The senate or high court then deIiberased
A resolution was offered by Mr. Mcdonald
that the demurrer be overruled with the excep-
ton Of articles seventeen and twenty (which
contains omnibus charges of drunkenness while
on the beach, aad visiting houses Of i'll fame,
and consoitIng with hariots, from January 4,
1878 to October IA, 1881, and tnat the board
OF managers furnish the counsel for respond
ent with bill of particulars as to these arti-
cles before January g. 1882.
Mr.. Castle offered resolution that the de-
murrer so far asit relates to article nine, charg-
ing that on October Il. 1881, the res poudent
visited house Of i'll fane In Ramsey couaty,
be sustained
The bAIlot On Mr.. McDonaId's resolution was
asfollows: Yeas-Mes=rs. Asker, Buck, G. F.,
Buck, D., Campbell, Kinds, Howard, johnson,
d NJ, Johnson, F. L, johnson, r. B., McDon-
aid, Mccormick, Mclaughlin, Miller, Morri-
son, Officer, Powers, Rice, Shalleen, Tiffany,
Wheat, White Wilson-22 Nays-Messrs
Adams, Bonniwell, Castle, Crooks, GiIfllan, C.
D., Mealey-6.
The votes on Mr. Castles resolution stood
ayes 2, NAYS 27-Messrs. Castle and Gillian
being the only ones voting in the affirmative.
Finally resolution was introduced overrul-
ing the entire demurrer which was agreed to by
vote of ayes "a, maya g.
The court then adjourned to meet at 12
o'clock, January 10, to proceed with the tria
Of Judge Cox.