Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1881-12-24
COX IMPEACHMENT CASE.

Meeting OF the Minnesota Senate as 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 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.. Allis,
Judge Bri5bln andJ. W. Arctander; and also the
board of House managers appoint ed to prose-
cute After good deal of unimportant pre-
Gminary business Mr. Lorenzo Allis counsel
for Judge Cox, road the demurrer, which denies
that the facts in the articles constitute
misdemt amor. etc., and prays that judgment be
dismissed. The defenuo not being ready to
proceed with the argument the court adjourned
to Thursday 18th.
Upon reassembl Bling on that day rule was
adopted, limiting the arguments on each side to
six hours each. A communication was received
frem Hon. c. K. Davis, announcing that he
would appear as counsel OF respondent Mr..
Allis proceeded with his argument for the de-
PENDANT, arguing that the allegation did
court coull take cognizance, that
that no offense WAS impeachable, unless it was
indictable, and that then to be Improbable the
offenso must have been committed under cover
of his official position, otfenses committed out
side OF the eff ;ial position being punishable as
our laws, drunkenness in private, in public, on
the bench Or off the benoh, is not made mis-
domeanOr, or it il an in0ictable Otfense under
the common law. The statute of 1878 makes
,habltual drunkenness o cause for removal
from Office by the proper tribunal.
statute, but from the constitution, and it can
only exercise the powers conferred upon it by
thatinstrument.
1t therefore follows if drunkenness is not an
Improbable offence-an indictable offence
then the respondent is not triable before this
tribunal, but his trial and punishment it he
has committed the offence charged, belongs to
the courts.
Manager hicks then opened in opposition to
the demurrer. After briefly alluding to the gray
lty Of the offences charged, Mr.. Hicks took up
the question OF jurisdiction, upon which he
read section l, 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
TO try certain officials, among whom was the re-
spondent for either corrupt conduct, or the
crimes or misdemeanors in Office
He denied the position of counsel for respon-
dent, that an offense to be impeachable must
be isdictable, in support of which he read from
Judge Lawrence, of Ohio, and other we'll known
jurists, his point being that impeachment is
not ,esorted to for the punishment of crime,
but to secure the removal of an unfaithful Of
ficial
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 for the
defense
The senate or high court then deiberated.
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 bench, and visiting houses Of i'll fame,
and conso1ting with hariots, from January A.
1878 to October IA, 1881, and that the board
of managers furnish the counsel for respond,
ent with bill of particulars as to these arti-
cles before january 6, 1882.
Mr.. Castle offered q resolution that the de-
murrer 80 far asst relates to article nine charg-
ing that on October II, 1881, the respondent
visited a house of i'll fame in Ramsey county,
be sustained.
The ballot on Mr. McDonald's resolution was
as follows: Yeas-Messrs. Aaker, Buck, @. f.,
Buck, D., Campbell, Kinds, Howard, johnson,
A. NJ, Johnson, F. L, johnson, R. B., McDon-
son, Officer. Powers, Rice, Shalleen, Tiffany,
Wheat, White, Wilson-22 Nays-Messrs.
Adams, Bonniwell, Castle, Crooks, Gilfllan, @.
D., Mealey-6.
The votes on Mr.. Castles resolution stood
ayes 2, nays 27-Messrs. Castle and Gilfllan
being the only ones voting in the affirmative
Finally resolution was introduced overrul-
ing the entire demurrer, which was agreed to by
q vote of ayes "a, nays s.
The court then adjourned to meet at IL
O'Clock, January 10, to proceed with the trial
Of Judge Cox.