Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1891-07-29

rance VI the law. mat plea was MADE
for him by his attorneys, and was adopt
ed by some OF the senators. 1t was {
very thin excuse-but it won, and bN
winning 1t proves that 1.-The sovereignty
OF law" is not sovereign in all cases. L
proves that ignorance, craftsmanship anC
J sympathy are supreme with the Kan.
sas state senate in this part of this be
nlghted and plutocratlc country" Lei
me quote from the record:
Attorney Bradford: If Judge Bot
kin in causing the arrest of those per
sons simply mlstoOk the law,
they fail 10 show that he is guilty.
Attorney Hackney: The only way
In which you can convict judge II
cases Of this kind, Is where he corrupt
ly and knowingly acted dishonesty il
exercising authority; but there is not q
particle of evidence showing that the
Judge knew anything to the contrary
In the meantime the judge dis
covers that lie is probably wrong. AL
men make mistakes. Judge Botkin
made a mistake that time.
Are you going to impeach him because
ne made mistake in arrestlng Van
WORMS! No, because it was simply a
judicial mistake"
So much for the ingenuity of counsel
IN setting up defense which BOtkin
himself did not make. Now for the
senator's:
Senator GiIlett: "As look over the
trial OF this case, / can see one trans
action in it that certainly is remarkable
in some degree-the arrest of two par.
ties without warrant of law; yet
credit to the court in this instance
a mistake as to the law, and
| vote not guilty." But Senator Gill
lett could not excuse Botkin on the rob-
berry business on the grounds of ''igno-
| rance."1
Senator Kelly of Mcpherson: II am
not unmindful that the arrest of citi-
zen, care not how humble, without
process of law, is fragrant violation of
the rights of the American citizen. But
this judge was besieged by
men who were his enemies,
and who are attempting
to drag him down, to bury him po-
litically. vote not guilty. .
Senator Mecham: while it is true
that these parties were arrested, and
possibly arrested illegally, yet it seems
to me that the evidence negatives the
idea of oppression and malice;
and the testimony throws some light
upon the question of whether it was
| wiIfully or knowingly done. l
therefore vote not guilty"
Senator Murdoch: The respondent
is man of strong mental force. He
knows the right. but is seems
that he at times failed to meet the ex-
pectations of those who hOnOred him
with their votes. Instead of meeting
of the law. he at times adopted arbi-
trary measures which are not in direct
lines of strict Interpretation Of law"
But notwithstanding this confession
of Botkin's guilt. Senator Murdoch
voted mot guilty" because of the rose
cOlOred view he took of BOtkin's "gen-
eral department" and personal bear
ing which is a refreshing reason in
deed.
Concerning the charge of robbing the
city Of Springfield, these facts were
proved by abundant evidence, and were
not denied either by BotkIn OF his coun-
sci. Botkin directed the county attor-
ney to commence civil action against
the city officers to prevent the levyIng
of tax to pay certain city indebted
ness. The action was commenced, and
Botkin, "of his own motion" appointed
one of the defendants a receiver i'll
that action. Now in this proceeding
Botkln was guilty of three illegal acts
He had no authority or right 10 direct
the county attorney to commence the
actiOn-he had no authority OF law TO
appoint a receiver" III any case ION
his own motion" and the statute ex-
pressly prohibits the appointment OF
any party to the action as receiver in
any case. Was Botk1n ignorant OF the
law" No. He knew that his every act
was illegal. Then what? He ordered
that receiver to pay out Of the city s
money as attorneys tees 1850, and al
lowed the receiver to retain for himself
$500 more, making so, 250, every dollar
| of which was simply so much money
plundered from the city by the pretend
ed authority OF BOtkin as district Judge.
And yet, sixteen republican state sena-
tors said by their votes, sitting as men,
berS Of court of Impeachment. that
BOtkin was mot guilty" They decid-
ed that the "sOvereignty of the laW''
was no sovereign. They determined.
by their declarations and their votes,
that ignorance Of the law" and par
tisanshlp," and sympathy, were safer
guides for them, and better for the pep
pie OF the state, than PLAIN law, hone at.
ly and justly administered.
Now, Mr.. Editor, in view of chess,
facts, why do you say that McKa '
Ought to be impeached?" Botk ~
ran up against the supreme court on
several occasions, and in every instaI lc(
his illegal and arbitrary and Cypress lyt
acts have been set aside by that tri!bu
nal. But when he ran up against''a re
publican state senate, " he found enough
OF his own ilk to send him back to his
district with certificate of good ch ar
acter. You say ''it is a pity that tn,
legislature is not in session." so tina
Mckay might be eYicted from tn,
bench for which he is so disgracefTIlly
unfit" Well, admit that it is "a pi ty'
or course, as Mckay is an alliancem an
! the republican senate would conVIc
and unseat him in holy minute, be
cause of his ignorance of the law. d
course they would. 1t would not bt
necessary either to charge or prove tina
he was vicious, or wicked, or corrupt
or knowingly oppressive. He is anal
lance man-and that is sufficient. Flu
Botkin, a republican, who was wicked
vicious, oppressive, and corrupt, wa:
all right. And you say, ut is a pref ty
hOwdy-dO when the people elect fOl
Judge man who is pledged to SyInpa
| thlZe with one party to a lawsuit" !
think so too. But it is not a pretty
hOwdy- do" when members of a court
| OF impeachment so far sympathiZe with
man on trial before them that they
find excuses for him which he had not
lmpudence to make himself, and then
Stultlfy themselves by voting for his
acquittal? 1t would seem so.
NO, Mr.. Editor. unfortunate as it is
that the people elect ignorant judges
or vicious judges, let us have no more
mpeachments' or at least none until
we have court which can rise above
the sympathies and prejudices of party
and court which will observe the oath
taken by its members, that it will do
impartial justice according to the law
and the evidence w. G.. WEBB.
T0noHo V,,1-1