Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-16
THE IMPEACHMENT

The Legal Argument on tho Demurrer in
Full Blast- Three Sessions Yesterday
MI. Ail's Speaks for the Defense and Mr.
Hicks Begins for the Prosecution.
The first business OF the members of the
high court of impeachment upon gathering in
the senate chamber yesterday morning was TO
Sc ect their seats, disarranged by the real ran ye
me,t of The room mentioned IN the Globe
yesterday morning. The attempted formation
of the desks in q semi-clrcular form
was propo0uced a failure, and they
were set in row as heretofore. The seals Sc
lected President Gilman, a few minutes past
10, raped the court to order, and the sergeant
az arms made the usual proclamation. The
lo!l call showed tweuty-eght senators pieseut,
which was increased before the noon recess to
thilty-four, the aDsentees ibeing Senator's
Beman Excused on account of sickDessl, j. B.
Gilflian, Lawrence, Mccormick, Mecca,
r.'lsbury aud wilkins.
COMPENSATION.
Senator G D. Gid'lan, of the committee on
expense and account offered resolution on
ompeusa;ion, whica was adopted. 1t fixes
the compensation Of witnesses at 50 per day,
with pay for one lay each, coming to and re-
turning from the trial, with cents per mile
age; S. per day each for the sargeaut and
assistant sergeant at arms; $40 per day to the
clerk; S. to tie postmaster, and 81 per day
to the keeper OF the cloak room.
LIMIT, Nc THE ARGUMENTS.
Senator C. D. Gillian offered q resolution
limiting the argument of counsel for prosecn-
ton and defense, upon the defense to six
hours each.
Senator Castle thought the resolution i'll
advised. The time named would probably be
sufficient, but be did not think it right to
hamper the counsel by any such arbitrary
rule.
Senator Gil6llan thought the time sufficient.
There was not senator present, probably,
who was not greatly ircou-
venieueed in his brsiress by a.teudance here ct
this lime, and it was des.. able to hurry t'e
business forwa as rapidly as possible.
The counsel s:gn6ed that the time named
would be suffiC 'ent, wheSeUoon the resolution
was adopted.
G. K. DAVIS.
A communication was received from Hon.
C. K. Davis, announcing that be would ap-
pear as counsel for respondent.
ARGUMENT OF MI. ALLIs.
Mr.. Lorenzo Allis, OF counsel for respond
emf, then commenced his argument in support
of the demurrer heretofore given in full in the
GLOBE. He commenced by advancing the
general claim, that admitting the truth of all
the allegations made in the articles of i'm
peachpent, they did not present any ofeuse
of winch this court could take cognizance,
and tnet as to the last three articles,
10, 90 81, they were vague indefinite and in
H. Ii
legal tribunal.
Mr. Allis then proceeded to argue the two
points at length, promising that the denU,
rer had been interposed, not at the request Of
RESPONDENT, who was only anxious to meet
and re. u tie the charges made against him, but
that the counsel considered there were DO
legal grounds fol- this acton, and that 1t would
be doing an Injustice to the
State, and 70 the court Itself
10 proceed at length with an Investigation,
which had nothing 10 rest upon.
The oue.,ion to be now de-. ided was whether
respondent vas gully of crimes and misde-
meanors II de Improbable BY the constifu-
ton. Upon this point ounsel claimed the
court should carefully consider its action. A
growing tendency had been developed of late
years to resort TO Impeachment, and it was
only few years ago the country was
saved the humiliation and disgrace of having
lmie3cpeu pFeS1ueOG OF Tue Onlt1u StaStS JOr
reasons row universally condemned.
Passing to the question of jurisdiction,
coUosel said that The governor, secretary,
treasurer, aud.Jor, attorney general, and the
judges of the supreme and district coults,
we. e the only officials Who could be impeached
under our constitution, and these only for
high crimes and mlsdemeanors in office.
Passing to the question of what were i'm
peacable ofeuses under this restriction, coun-
sci argued that DO ofense was improbable,
unless it was ind,ctable, and that then to be
m Deachabe The o9erse must have been COM
fitted under cove of his official position,
offenses committed outside of the official posi-
ton being pnuis liable as ipstindividuals in
in private pursuits.
10 support of this position, counsel re-
viewed the Origin ard history of impeachment
from us FIST inco .po-ation 10 this country in
to ite constitution of The state of New Yo,k,
and e9d copious'v from the commenta, .es OF
Justice Storey on the subject.
At 1910 the counsel had spoIen two hours.
A recess was taken to 2:30 p. m on mo,ion of
Senator G. F. E1ck.