Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-28


article Of the constitution provides
ssla' no person shall be- held TO answer
le' criminal Oficuse except ip eases
~ impeachment and when the punish.
het Is by fine OF imprisonment other
sfan ny penltenliary unless by Indictment
~ 60 ssand jury. lie here dwclt upon the
~ mat this was court Of final re-
sort and that the governor reyli nnt
po'von IN this ease. This proceeding has
ny lot ITS objects. punishment ON the
Wne sue and q forfeiture of urOpprtv op
1ne ne other, which the speaker Thought was
su l1 10 give il the color of crimi-
mai proceeding
III THIS Is n criminal court thcn does
the constitution of The state execufe ri.
sen or the entire articles so far as Ii rp.
Hsles 10 impeachment Does IL ton what
9,mehces you shall take cornizauce OF
,s ARTICLES institute high court hut
WnH can you tryl Where can YOU get
asthorly to try anytling7 What OF.
leuscs You have no authority unless
!ou ket " from the constitution or some
statute. There Is no ollcnse which this
court can try, because the constitution
docs not provide what offcnses you shall
wy The court Is established. bat Won
nave been given Jurisdiction of no crime.
Inc state had not remedy In cases ~
thls Kind and the fault was with those
VINO made the constitution The power
OF impeachment Is vested In the house of
representatives, but what are they going
20 lmpeach tOrf To itupeach g. 20 stou
O. corrupt officer before he goes too fnr
But does the constitution tell the house
uhuer what circumstances they can stop
an othccrf You are compelled 20 10
outside OF your constitution and the Grim.
maj code 10 end grounds for impeach.
ment The constitution says the senate
shan try but i does not say what of,
icises you shall try. You are here. but
You are without power You are const-
tutet as court nl right. aud you are
waiting for matter 20 be brought that
YOU may try.
Mr. Swayuc asked II this were n Grim
inal proceeding why was it that the re-
sp0ndent was still liable 10 indictment.
and trial Various other questions were
asked. but The speaker continued his ar.
gumrnt not stopping at that time TO
answer thcW
The constitution SAYS "a pnrty impeaChcd
shall also be subject 10 indictment and
trial. This means that the party cun
only b. imp0Chcd for matters which
are indictOblc 10y the written Inv VI she
state. u has always been mooted
question as 30 whether purty convicted
IN impeachment could not plead it as u
bar To indictment and tnol The pro
vision IN th" constitution means that am
impeachublc crime Is am iudiclablc crime
hnd That a conviction on Impeachment
shall not be- "a bar to indictment aud trial
in the courts Tho section iu the consti
tuition on removal from office hy address
Tor wiltul neglect ol duty. Incompetence.
hubltuu drunkenness, oppression Bon office
and other reasonable cause. which shall
not be sufficient ground for impeachment.
the speaker construed 10 mean that the
causes enumerated are uot sufficient
ground FOR impeachment The speaker
read article 4 section ., Of the constitu.
ton IN regard To- the perpetual school
fund. The question came up whether
this section was self executing aud the
supreme court held that the expression
"onc-hult Ot the public domain was not
self executing, the free school fund there
10y lost millions of urrps Of land. This
convention failed. Tho supreme court
decided this m a. Texas. Tho court held
that this provision must be- read with
reference to an cOgnutv subjects and we
hold that the impeachment article must
bee rcud in connection with the bill of
rights. From 1900 there hive never hccn
imprachmoutN in England which were unt
founded upon iudictuhlc uncuEpH The
constitution suyE the district clerk shall
hr removed from office hy indictment
indictment for WHAT Nothing specified
Impeachment FOR what Nothing sppo
fed. Judge Roberts has held Tint this
section wts meaningless aud did not exc.
cute itself The process Of Impeachment
was AN extraordinary remedy aud eel.
dom res0rtcd to. The impeachment an.
Il le is likewise defective
Adjourned tIll .. m.