The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1891-11-28
snNAron nArsnnn
/ Oh the Jurisdiction Of the Senate Secession
Extraordinary.

IIDslNonls llAL the senator from IeuduOh
has entirely distorted the case and has put
"a construction upon it which thas report
will not bear i'm any aspect or sense Of the
case. I'm the course of his remarks, he
stated the he intended 10 refer in detail to
the case of tho removal of Judge kirkpat-
rick, hut the Senator concluded his argu-
ment without referring TO the celebrated
report which my distinguished friend from
Delaware INF RobinsOnl made in that
case, and TO which the Attorney General
made some reference.
Senator Goblin IVill The Senator from
Carbon allow me one moment? Did the
Senator from Carbon not undeTtand me to
saw that that was based upon an entirely
different section Of the Constitution, not
upon this Section a, Article VI? / GER
tainly cnleavoTgd TO say so, and thought
I did saw IL p
Senator Rapsher. That case was cited
TO show a removal by address, and the ar
gumant made here by the Senator on the
right of trial by jury is directed just as eff
/ iecliyely to the removal in that case as II
/ Is to cases such as those now before the
| Senate. I'm either case is the trial by jury
at Issue ? 10 surely is not.
/ In order TO set the Senator right, and /
| think itshould 60 upon the record, / de-
| sire to review the report made by Senator
MCCrelry, ON May 9th, i'm the case of Ma-
| iOr Gilbride. / will read the report and,
! when 10 is SET forth i'm full. every one will
he competent 10 Judge, when they read it
/ in the proceedings, as TO has made a mis-
! representation and who has not. l read
/ from the legislative Record, page 20S0
/ mThe resolution was reld by the Clerk as viz.
! "Whorcas, The proceedings and testimony
/ I5rn ln l4e matter OF the removal 0t James +.
m GIio r,,.,, n, ,,nIS W,iiS i'm ''lJ J,rs
| ance of me act of january 4. 1904. before the
| Hon y. w, Archibald, president judge Of the
o,,y ol ,igN."3,na ~ XIV al4 ntoGeeaihEs ,i Gte'
70 tfe iuHcinry General Committee OF the
/ senates
o.. and whereas, The said committee ON May
i6,il4 ltr'fil lZ9T1iuaii55n' al tbe iesfimSnv a.
! uHnsmItted coucgrnin9 the charges contained
! 90 the petition Hled, alleging that the said Jas,
di.Dii9ilue is uoI g. It OF proper person 10 M NJ
tem8aTate habits. ibe taiInS Of iiieEal fees bar
wrN incompglgncy neglect OF the duties Of
saiu ollte any mlsmanagement ana abuse OF ms
,l.J ,.,, .''u 'on ~ itt tVl, nv"I,ing @ ,ig s "a
! t.li. rcuort TO the Senate that suiicicut cause
exists Tor the removal Of James T. Gibride, al
Hgtu4h oi lnt llilu Naiu Oh tHe city oil oclah-
.'He.5iyed' THAT the Senate of PennsvIvanio
Ircspectndly address the Governor in that be-
nnaii a,na request The removal Of the SAID James
1 f NJ rbe mI' nr 9SfisY fSis Fn,,,a,,. 81 an
wealth, for tIe reason f6af Alderman tiilbride
Is disqualified and unfit TO perform the duties OF
inns ONCE
Senator Goblin. While the Senator has
the floor, l desire to make one suggestion
TO him, He will not for moment con-
tend that the "whereases," containing the
allegations or the statements that certain
things are set forth in the petition, are a
part of the resolution sent to the Governor.
IL The Senator will show me anything in
the resolution (which be declares to be the
address, which specifies acts that are i'm
peachable or indic.able, then l will admit
/ / have been mistaken in my construction
OF the language.
Senator Bapshcr. Mr.. President, this
resolution which was reported by the Ju-
dietary Committee of this Senate, is very
similar to the resolution which the Senator
from Lebanon introduced yesterday, and
which is now pending in this Senate. The
greater part Of the resolution which the
Senator from Lebanon offered yesterday
. consists of "whereases." The ''whereases'
In this resolution lay the grounds and
specifically declare the facts and the rea'
sons why this Senate has no jurisdiction on
the question now before it. The preamble
to the resolution in the case of Alderman
Gilbride, as in all resolutions Of that char
3 acter, forms an important part in the in
depreciation Of the resolution: it is the ba
sis Of the resolution. In that case the
charges were taking illegal fees and gener
/ al disqualification, as there set forth. The
. distinguished Senator from Erie Mr.. Nc
! Creary) said yesterday, in an address tC
this body, that an inspection of the docke
of Magistrate Gilbride disclosed the fact o
his taking illegal fees his utter uniitnesi
and his disqualification.
Senator McCreary. Mr.. President, al
low me to correct the Senator. | simply
stated that an inspection of the docket by
members of the committee showed tha
Alderman Gilbrlde was totally incomDe
tent TO keep docket.
Mr. Goblin. That is exactly what the
record shows.
Mr. MCCrcary (cOntinulngl. That it wa
, doubtful that o man could take an appea
2 from judgment Of his, into court, on ac
/ count Of the manner in which the doCke
] was kept There was not one word said IL
: the record about his taking illegal fees.
+ Senator Rapsher. Very well, Mr.. Presi
dent, j am willing to take il In that form
, Does not that admittedly and confessed.
7 show incOmDetency and disqualification, 81
!. far as admitted? That is the very allega
j tlOn before this Senate to-day The chaIg
o that is made is that these State officials ar
s. incompetent and have acted contrary 4
{ the law. But what did the committee, il
L that case, Investigate? Let me ask th
Senator from Erie l-Ar McCrearyl if the.
did not investigate the charges that wer
made against Magistrate GilbrideP Wha
| evidence did they hear and what COnstruc
@ ton does he place upon the word unfit {?
b That is a word Of large comprehensive
/. meaning when used In the way in whicl
/. 70 was used i'm that resolution. That maj
o. was disqualified and unit. Unit 70