The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1881-12-22
COX IMPEACHMENT CASE.
Meeting OF the n InnesOta Senate az q Court of
Impeachment--The Demurrer-The Trial
Ian. 10

Meeting Of the Minnesota Senate az q Court OF
Impeachment-The Demurrer-The Trial
Jan. 10.
On the 18th the senate met as high court
of impeachment to hear the arguments on the
demurrer q the defendant to the articles Of
impeachment against Judge E. St Julien Cox
Of The Ninth district. The respondent, Judge
Cox, was present, and with his counsel, L. A1is,
Judge Brisbin and J. W. Alexander; and also the
board of House managers appoint ed to prose-
cute After good deal Of unimp0rtant pre-
iminary busiusss, Mr.. Lorenzo Auis ceunses
that the facts in the articles constitute
corrupt conduct in Office, nor any crime or
misdemeanor, etc., and prays that judgment Dc
dismissed. The defence not being ready TO-
proceed with the argument the court djourned
to Thurs lay, 10th.
Upon Resembling on that day rule was
adopted, limiting the arguments on each side TO
elk hours each. A communication was received
frem Hon. c. Z. Davis, announcing that nc
would appear as counsel OF respondent NJ
PENDANT, arguing that the allegation did
not constitute any o1ense OF which the
court could take cognizance, THAI
that no offense was impeachable, unless 1t was
indic,able and that then to be Improbable the
of1enso must have been committed under cover
side Of the off cial 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 indictasle o1ense under
the common law. The statute OF 1873 makes
habituA drunkenness a cause for removal
from Office by the proper tribunal
But this court does not get its powers from the
statute, but from the constitution, and it can
only exercise the powers conferred upon1t by
thatinstrument.
1t therefore follows if drunkenness ia not an
impeachable offence-an indictable offence
then the respondent is not t1iable before this
tribunal, but his trial and punishment, it he
has committed the offence charged, belongs to-
the courts.
Manager Kicks then opened in opposition to-
the demurrer After briefly abiding to the gray
ity of the offences charged, Mr.. Hicks took ul-
the question of jurisdiction, upon which be-
read section l, of article 13 OF the constitution.
to be seen that this court was fully empowered
to try certain officials, among whom was the re-
spondent, for either corrupt conduct, 81 the:
crimes or misdemeanors in Cfkee
He denied the position of counsel for respon-
dent, that an offense to be impeachable must
be ikdictsble, 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 side,
also Manager Collins, Of ST. Cloud and Man
ager Smith, of St Paul.
Walter Sanborn, Of St Paul, closed tor the
defense.
The senate or high court then deliberated
A resolution was offered by Mr.. Mcdonald
that the demurrer be overru!ed with the e1cep~
ton of articles seventeen and twenty (which
contains omnibus charges of drunkenness while
on the bench, and visiting houses of Ill fame.
!, her iota d
1878 to October IA, 1881, and thns the board
of managers furnish the counsel for respond
ent with a bill of particulars as to these arti~
cles before January 6, 1882.
Mr.. Castle offered resolution that the de-
murrer 90 far asst relates to article nine, charR
ing !that on October L. 1881, the respondent
visited house Of i'll tame in Ramsey county,
be sustained.
The ballot On Mr. McDonaid's resolution was
as follows: Yeas-Mesars Asker, Buck, C. f.,
Buck, D., Campbell, Hinds, Howard, Johnson,
A. M. johnson, F. l., johnson, f. B., McDon-
aid, Mccormick, Mclaughlin, Miller, Moni-
son, Officer, Powers, Rice, Shalleen, Tiffany,
Wheat, White, Wilson-22. Nays-Msssre-
Adams, Bonniwell, Castle, Crooks, Gilfillan, G.
d., Mealey-6.
The votes on Mr.. Castles resolution stood
ayes 2, nays 27-Messrs. Castle and Gil6ilar
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, nays5
The court then adjourned to meet at II
O'Clock, January 10, to proceed with the trial
of Judge Cox.