Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1886-05-27

Senator SCOTT presented resolution which
was adopted sustaining the ruling,
Judge Nourse then took up the argument on
the part of the defense commencing with ar
ticle nineteen Of the Impeachment which i'm
peaches the Auditor for not giving up the
books of the Auditors Office when he was
commanded to do so by the Governor. At II
o'clock the Judge, thanking the court for its
attention, resumed his seat, having spoken
since O'Clock Thursday.
At the conclusion of Judge Nourse's argu-
ment Senator Wilkin presented the following
order.
Ordered that the question whether or not
an officer under the constitution Of Iowa Is liza
BILE to Impeachment and conviction for misde.
meanor and malfeasance In Office during term
OF ONCE which has expired and after such OIL
Ger has been reelected to such office by the
people, aud entered upon another term, be de.
termined by the senate before tho introduc.
ton of testimony In the case now on trial,
and that the members and counsel for res
pondent are requested to first present and ar
que such question:"
After the order had been read Mr.. Lehman
inqc!red II counsel for defendant would be
permitted to take part In the discussion OF the
adoption of the order, Senator Knight, refer
ring to the order said 1t was the legal qucs-
ton of jurisdiction and that the senate was to
decide 1t. II must come up sooner or later,
and could be decided now as well as later,
Mr.. Lehman objected TO the adoption of the
order. A motion was made that the senate 70.
tire and consider the question In secret SEES
sion. Mr.. Keatley suggested that II the court
retire and a hearing be allowed the managers
be given until Monday to arrange their au-
thorities on the subject In pursuance with
this suggestion on motion Of Senator Donnan
the court adjourned TO meet Monday at D. IN.
Dcs Moines May 4--At $50 the Senate
went into eXecut We session and remained with
closed doors until o'clock. After lengthy
and warm discussion on the main question be-
fore them they decideded, by a vote of - to
90, that the question of jurisdiction should
not be considered at the present time. The
following was the vote.
Yeas--Barrett, Bolter, Caldwell, Carson.
Casey, Chesebro, Clark, Doud, Earle, Catch,
Gault, Glass, Henderson, Knight, Mccoy,
PaTott Robinson, Schmidt, Sweeney, Whalcy,
Wilkin, Wolfe-2l
Nay-Bayles, Bloom, Carr, Cassatt Cham
bers, Chubb, Dodge, Donnan, Dooley, Dun
can, Hcndric, Johnson. McDonnough, Miles,
Poyneer, Ryder Scott, Stevens, Sutton, Tn.
derwood, Whiting, Woolson, Young--23.
Secret session being terminated at 9 =. M,
the doors were opened when President Hull
made this statement TO the managers:
Gentlemen Of the Board Of NdaagerS;-Thc
court has decided against the order submitted
by the gentleman from Madison (Wilkin).
Senator Wolf then submitted the following
fonr questions to tho Board Of Managers with
the request that they be answered on Tuosdao
morning.
Senator johnson raised the point that only
the court had the power to require such ans
wer, and not member.
Col Kcatlcy, could scarcely see what effect
the intcrrogatorles could have upon the final
determination, but had no hcsltancy In ans
werng the same.
Senator johnson gave notice that II the In.
terrogatorics were given he would insist on
secret session,
The following interrogation les were then
read, which viii be answered Tuesday morn
ing by the managers.
CUES Is there any law making II the
duty OF the Auditor Of State to issue the ccrtI-
fled copies and the copies not certified referred
to in articles one and two of the court of i'm
peachments II so what law so provides'
Ques 3. Is there any law prohibiting the
auditor of state from performing any work
outside of the duties imposed upon.hm by sta
tute! If so where can such law be found'
Ques. 3. Is there any law making 1t the
duty of the state auditor to turn over to the
of state all money received by him
for the performance Of work other than that
provided by for statute' If 80 where is such
statute to hc found.
CUES. f. Under articles three, four nve and
six do you charge the auditor of state with re-
ceiying and converting to his own use any OF
the money collected from the Insurance. com
panIcs or do you simply charge him with not
furnishing to the treasurer of state with the
amount collected an ltemized statement of the
account. Senate adjourned a, 9 p. IN. until 9
o'clock Tuesday morning.