Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-25
Adjourned I'M 3 O'Clock.
AFTERNOON sESSION.

The senate met 40 p. m and imme-
diately resolved itself into court Of
Impeachment
II w Lightfoot resumed his speech
which wis interrupted by adjournment
Of the morning session.
The senate as cOurH OF impeachment
lac said was here 10 determine the writ.
Ucn law In this case. The law under
which You determine must be clear and
well defined the constitution does not
say Tor what YOU may try the governor,
by Impeachment proceedings, IL rs a
fact that under the constitution there is
mo- offence by which You may impcach the
governor and the acknowledgement
the Encouragement and the commission.
or are exactly In the same attitude.
The constitutions OF Massachusetts and
Virginia being the first were looked 10
by our fathers when they went 10 fiuIue
the great constitution. There ~ not
single constitution OF any OF the states
under which impeachment proceedings
have ever been attempted unless tho
offeuse was provided for In the oOnsti-
tuition or statute law. The constitutions
of Virginia and Delaware do not pro
vide for any impeachment proceedings
agtinst the executive They regard that
officer so high as 10 leave all such cues.
lions 10 the people. The constitution of
Texas authorizes the legislature 10 enact
provisions into effect. There Is nothing
in The constitution or the law prescrb-
ing the offeuRe for which the executive
may be impeachcl. When a court Is
created and given a limited jurisdiction
II is confined strictly TO The law creating
a. Therefore this court Is confined
strictly TO the powers conferred. Ihis
court Is created by the constitution and
Ina hat there Is no ofiense laid down Tor
which This court may try the governor,
the land conn issioner, nor the attorney
general The senate can't create an Of
fpuae and then punish H. for Judge
Storey saws that would be mOu6trOus,
you can't try the case by the common
law because that has been wiped out by
speCial provision In the criminal code
Tho intention Of the state constitution
was that The legislature should prescribe
for what offences these state officials
could be removed but no such law has
been enacted The constitution provides
anal no man shall be deprived Of life
or property except by due process OF law
Ia 1873 the state TREASURER leil the stare
and he was removed by the governor
me supreme court held that the COVER
nor had no such right and restored the
office to him. The commissioning IS
charged IN some places with Wllfully
selling some land, and II he did IL at all
he must have done IL wiltully. In other
UInrea np ld cNufNfl Win hA hNlh NtAHh'
eously sold certain land, but how many
iudgcs and other officers have erred IN
constituting the law The articles Of im-
penchment do not charge that the com-
missioner has been guilty Of any moral
turpitude The whole thing sifted down
h that the commissioner has erred IN con-
etrning the law Unless this involves
moral turpitude, there Is no right IN the
court 10 take from him the Office 70 which
tha people have elected him, The speaker
referred 10 an opinion rendered by Judge
CLARK. who held that IN order 70 remove
N must be- shown that some corruption
existed and said the speaker; IT shows
that Judge Clark caH do a good thing.
and he aid Il when he rendered that
opinion He Is a great lawyer, ana "a
excellent Judge" Bishop lays down the
principle tlnt the act must be wilfuli
and corrupt Il Is proposed 10 inpeaen
a member 81 the executive department. Of
fbe government for an error ~ jpdg-
mont The speaker cited some opinions
oF n Governor Roberts and paid q high
trihuta 10 him as "A lawyer
III. concluded his speech at 4:tD O'clock.
having spOken three hours
ReprcgantatiYe Smith Of the house COM
u,ittes asksd thar the axgument BE- e0n-