Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1886-05-27
UBON CO., IOWA, THURSDAY, MAY q, 1886.
COURT OF IMPEACHMENT.
he Question OF JurisdIctIoa not 10 DO
Raised.

COURT OF IMPEACHMENT.
he Question OF JurisdIctlon not 10 DO
Raised.
DEs. MoNEs May l9-Promntly at Z
o'clock Lieutenant Governor Hull called the
court to orGer and announced that the floor
would be Immediately cleared of all persons
not entitled to admission. A slight hustle OF
excitement was caused by the Serg oant-at
Arms in carrying out this order but this soon
subsidized and upon the second call Of the Gov
ernor perfect silence ensued sergeant-at
Arms Eberhart then opened the court in the
usual formal manner, after which the Secretary
read the journal of the last session After
some slight corrections the record was passed
and the President announced the following as
the additional pages for the court: George
Fox, Geotge E. Stevens, Arthur Weber and
Rufus Chase. communication was read
from John L. Brown announcing his counsel
to be G. G. Nourse, of Des Mones, J. G. Bills,
of Davenport, I. w. Lehman, of Dcs Moines
and E. s. Huston, of Burlington The report
OF the Committee on Rules was then called for
and was presented by Senator Robinson, as
chairman of the committee. After the adoption
the rules, the report OF the committee on stem
ographers was then called for, and Senator
Sutton, on behalf of the committee, recon-
mended the employment of three reporters,
and named Charles Dahlberg, Of Des Moines,
o. w. jackson, of Winterset and Miss Nellie
Hutchinson, of Iowa City, as suitable per-
sons for such reporters, their pay to be 50
each per day. Mr.. Dahlberg having declined
the appointment, the Others were elected, and
the selection of the third was referred back to
the committee. The question Of preparing
| the Senate chamber was then called up and
Senator Wolfe moved that COM
mittee of five be appointed with
full power to perform the work accessory af-
ter consulting with the board Of managers, the
counsel for the defense and the custodian.
The motion prevailed and the following sena-
tors were appointed such committee: Wolfe,
Scott, Clarke, Poyneer and Dodge. The CON.
mittee on stenographers then reported the
name of c. ii. Sholes to fill the vacancy caused
by the declination of Charles Dahlbern, which
report was adopted and the senate, sitting as
a court Of Impeachment. adjourned.
Dies MONIES, May 2o-President Hull called
the Cofrt to order with most of the senators
in their accustomed seats. Senator Knight and
]
their usual seats. This leaves only one Of the
| fifty senators absent from the city--Reinigcr,
| of Floyd
After senators Knight and Hendrie were
sworn in and subscribed to the usual oath, all
the officers and employees Of the court, with the
exception of Mr. Boquet who is absent serv-
| ing papers, were arranged before the bar of
the senate and took the oath OF Office.
| Ill Lad than =. Al,
senators to the absolute necessity of appoint
| ing an auditing committee to examine all
amounts to be paid.
And on motion of Senator johnson the Presi-
dent was authorized to appoint such commit
tees. A committee of five were afterwards ap-
pointed, and are Senators Johns IN, Chubb
Miles, Bayless and Weber.
| Mr. Weaver, on the part of the managers,
| although not deeming the same necessary, Of
| fered the following formal replication:
State of Iowa VS.. j. l., Arown.
In the senate of the state of Iowa, sitting
| as a court of neutrality-suspicious..
The house of representatives of the state Of
Iowa, by its managers, having considered the
several answers of John L. Brown, auditor OF
state, to the articles of impeachment hereto
fore exhibited against him by and in the name
of the said house of representatives all advan-
tages of exception to said al swers and to each
of them for insulilcency and irrevelancy, do
deny each and every averment In said answers
and each Of them which traverses the INSIDE
meanors and acts of malfeasauce In office
charged against said respondent in said art-
cles of impeachment or either of them, and for
further replication do say that John l.. Brown
is guilty of the corrupt conduct misdemeanors
and malfeasance in Office mentioned in said
articles, and that the house OF Representatives
by its managers, are ready to grove the same.
When all was In readiness for the trial to
open Col. Keatley rose in his place and com
menced the opening speech for the part Of
the prosecution. The entire portion given in
the morning was devoted to proving the point
that it was not necessary to prove the commit
ting of statutory crime by public officer to
merit impeachment, and that conviction could
be had upon proving malfcasance in office
from the ordinary and accustomed interpreta.
ton of the term. Col. Kcatlcys opening
speech was not concluded until 3:45. Judge
Nourse replied on the part of the accused, and
his remarks were not concluded at the hour
of adjournment. A number of resolutions
were adopted in relation to printing, arrange.
mcnts of the Senate chamber, etc., and the
court then adjourned.
Dies MONIES. May 2l-Sena.o. Woolson
having been called home, an excuse was off r.
ed for him by Senator Hutchinson. Senator
johnson questioned the right of the court to
excuse any member, and would object to it in |
this or any other case. Senators Clar. and |
Sutton were Of the opinion that the right ex.
isted in this as any other court to excuse one |
Of its members. Senator Boltlr held that the |
court as a body had no right to excuse mein- |
Der of its body. The managers and the coun- |
sci for the respondent had perfect right to |
object to the further proceedings of the body |
as court unless ever member was pre- sent. |
Senator Miles, referring to the constitution, |
reading the language was of the opinion that !
the language in which the duties of the court |
was given, carried the iiea that at certain |
times some members would necessarily be alb |
sent and that the right was very plainly given |
to grant excuses. nator johnson had raised |
the question at this time because of its impor-
lance. He did not take the ground that If on
a roll call fifty members were not present It |
would vitiate the de :isiDn. Senator Sutton
took exception to Senator Boilers statement
that this was a jury as well as a cours. He |
held that thu same rules which govern an or
binary court, govern this body. In answer to
Senator Johnson's question Tor stain
tory law on the subject, he held that the or
binary law governed that part of the question.
In the Supreme Courts of the State and Unit
ed States members are excused for satisfactory
reasons, and the same rule should apply to
this Senate sitting as court of Impeachment.
Senator Hutchinson had not expected to
raise such discussion wne he ask ID for the
excuse; he did so out of court ,sy TO the sena-
tor from Henry, but as it would take more
M to settle it he withdrew the request for
the excuse. He then offered a resolution,
which was adopted that the counsel for the
defence be allowed to admit visitors on the
same grounds as Senators and Managers. On
motion Of Senator Donnan thereguar accred-
tied press reporters were allowed free access