Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1886-07-15
IMPEACHMENT TRIAL.

1 count Of death In his family; Senator Knight
excused on motion Of Senator Wolfe, aud In
compliance with the request Of the Senator
| (KnighO made Friday; and Senator Doud OK
cuscd on motion Of Senator Whaley. After
| the several excuses had been offered and accept
ed Manager Ball speaking from his position at
the managers table, opened the argument on
the part Of the state. Each principal laid
down or statement made was followed up by
a list of authorities aud presidents sustaining
the same. Mr.. Ball reviewed the question of
| Jurisdiction, aud the evidence that had
been presented to the court as applied To the
several charges. At the close Of Mr.. Bells
speech the court adjourned until o'clock
| Thursday when Mr. Lehmsun will open the
argument on the part Of the defense.
| Dies MONIES, July S.-Court met at o'clock
with all the members present except Senator
Sutton. After q few moments Mr., Lehman
| opened the argument on the part OF the de-
fensc In substance he said that he had lis
tened with Interest ifhot surprise TO the argu-
ment of the manager yesterday, the gist OF the
| remarks seemed to be that II did not require a
very ignoble or dishonest person TO be con-
yicted by that course Of reasoning. The
speech was able and exhaustive,
In closing Mr., Lehman said
that he never was connected with u case In
which he was interested more In heart and
moved than the present one. His association
| with the respondent had shown him his de-
fects and merits more plainly than to any OF
the auditors, and his respect and admiration
| of this man had been Increased with each
days progress of the trial. Impeach the re-
spondcpt and you give the insurance COM
panies unbouuded liberty; imp ach this man
and you viii never find another auditor who
will control the insurance companies; impeach
him and you will declare that the 5000 insur-
auce agents in Iowa can strike down a faith
full officer. make no apology for John l..
| Brown: upon full consideration Of the evil
dence invite upon him a judgment OF "well
done, thou good and faithful servant
At the close of Mr.. Lehmann's remarks The
senate adjourned until 80 a. IN. Friday.
| Dies MONIES, July 9.-Manager Cousins, be-
ginning at $40, occupied the forenoon In his
argument. In the afternoon the court met at
2 p. M, at which time Senator Chesebro sent
| TO the desk q question 10 the counsel asking /:
Is ii the duty Of the Auditor of the State TO
personally examine any bank or insurance
company Of this sState and II answered In the
affirmative, does he derive his pay from his
salaryi In answer Mr.. Bills quoted tie statue
| that the Auditor shall examine, or cause to
be examined" these banks and they shall pay
the expenses. He asked the Senators to put
themselves In Browns place and ask how they
would have acted In the premises. Eek Scna-
tor Is lis then began his argument on the part
OF the defense. Six o'clock having arrived
the senate adjourned until a. IN, when Mr..
Bills will resume his argument
DIES MONIES, July 10.-At the time OF ad.
| journment last night MIR. Bills had in his ar
gument reached the three last articles Of i'm
parchment relative to the examination Of the
insurance companies by Vail. Taking up the
thread he said that Mr.. Vail had been brought
to Browns notice by Hoyt Sherman, one of
the shrewdest bus ness men In the State, who
had employed Vail to examine his, the Eguit-
able Insurance Company, at the rate paid by
Mr. Brown, S25 per day and expenses. Mr..
Brown wanted an examiner, as he believed,
and found Vail to be thorough and competent.
No objection would have been found with
Mr.. Walls price II he had only been two or
three weeks in the work. No evidence had
been introduced which showed or tried to
show that Mr.. Walls services were not worth
the price paid. At 1890 Mr.. Bills closed the
case on the case on the defense.
Manager Weaver commenced the elosin z
argument on the part of the State. He real
lied that he entered upon the discussion I'M
der discouraging circumstances. Himself
weary, his auditors were also exhausted, his
predecessors had been able men and men of
ability; but the senators were able judges. He
was ms orator like Brutus II verdict de-
pended upon oratory he would submit the case
at once, but the cold law was to be presented,
and when the verdict was to be given the facts
would be stripped Of their forensic ornamental
and rhetorical surroundings. In every suit
two things only were 10 be asc.rtsiued-what
were the facts proved and what verdict should
be given on them From the first the attempt
has been made to becioud the case with irrele-
want issues, to bring prominently before the
court other factors than those that belonged
TO the case; notably that the insurance com
panies were corrupt rather than whether John
l.. Brown was guilty Of the charges preferred
After speaking few minutes Mr.. Weaver,
who had been much physically indisposed
during the last week, was seized with a sud
den dizziness, and asked a few minutes recess.
It was apparent to all that Mr.. Weaver was
| not In a lit condition TO proceed with the case,
at least without some rest, aud, without want
ing to delay the proceedings, at a suggest Oh
from senator, he stated that he would take
It as favor II short adjournment could be
had. The court adjourned until Monday, a.
| m.
Dies MONIES, July 12-Manager Weaver
took up the argument where 1t ended Satur
day. He first considered the question wbeth-
er or not an officer may be impeached or re-
moved for an unwise use Of discretionary
power. He held that an officer was public
servant, and his Office should be terminates II
he exercises his discretion TO the detriment OF
public interests. II he is heaGstrong ami will.
full he may be impeached. 1t Is the result and
not the motive that is TO determine the mat
ter. He argued that an officer might justly be
removed for a mistake In judgment Judge
Pickering's case was cited as sustaining this
opinion. An arbitrary or headstrong use Of
discretionary power in judicial decisions is
sufficient TO justify removal.
The management then considered the ques-
ton Of a senator whether or not the auditor Is
required by law TO examine banks. He an
swered that such is his duty to do the work OF
see that 1t is done. In case Of banks not saw
ings the auditor has no right TO charge for his
expenses In doing the work. He maintained
that the deputy auditor is placed under the
same restriction and is not entitled to any ex,
ira compensation for examining banks. Man
ager Weaver considered the articles in detail
and at 6:02 closed his argument, and, aftcl
thanking the senate for the close attention
accorded him, sat down, and the great trial
soon TO pass into history, was announced
ready for final submission to the distinguish
ed jury. Adjourned until $3.50 a. m. Tuesday
the 18th.
SORROW IN MANY HOMES.
| Nearly Fifty Children Drowned in