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


The court of impeachment met M 3
p. M. Major Walton resumed his argu-
meut IN behalf of the respondent. and
answered the question postponed hy mpm
hers of the court Under the cousttu-
ton and laws of the state no present
he said the power was boz the supreme
court 90 issue writs of mandamus and
injunction against the land commissioner
should hc close the doors of his office
aud refuse t0 transact business. The
land commissioner also gave a bond of
NO,OOO for the faithful performance ui
his duty II q state officer wpre to prom.
Use nu office before his election the rem.
edy would Doe 90 prosecute him for per
jury, having taken bis oath Of office aud
put him In the penlteniinry. Articles of
Impeachment are presented for oflenses
committed by officers which are calcu.
lated 10 bring into disroputp the admins,
tratiOn Of the government aud their nb.
icct Is TO remove him from office and pre-.
vent him thereafter from holding office.
In the Walton ease. Oh Texas. the les,
son taught was that the legislative en-
actmcnt, providing for removal from OF.
fee Of certain officers for official mIscon.
duct. does not broaden or Increase the
offcnscs laid down in the constitution
the impeachment article In the cunstitu
ton executes itself, then criminal law
In Texas should be- writton law aud
mo- man should De punished for 0npuses
which are not written down The design
Of the criminal code Is 90 include every
Offcuse against the state. u is declared
that no person shall be- punished for amy
act OF cOmmissio or omission, unless
the Olfpnsc has been defined and the
punishment fixed In the criminal code
The high court Of impeachment under.
takes to punish n citizen Of Texas by
appealing 10 that British law Boy calling
into being the unwrtion law. which b.
prohibited by our statute. IL we don't
understood what thc constitution means
Il is dangerous 90 undertake t0 tread upon
unknown grounds IL Is better not %
attempt 90 enforce what you DO NOT
understand Whom it IS doubtful what
"A penal statute means under the law of
such statute rs declared to DE imperative.
The speaker made q strong appeal
saving that NJ the constitution and HE
written laws were not taken into con-
Mdcration taeTe was great danger Of
an outrage and wrong being done n cit-
defendant had been charged with no o.
Tense under our penal laws. There Is mo-
unavoidable Offense iu England unless
IL is iudictable and he cited a number
OF English 9aacs 10 prove this. Ia order
for an oieuse 20 De- Improbable ihe
urt must nf MNiuA uNN fulA NlL ~ pNlr i
pose and advantageous % tie oihcer COM
hitting b.
In referring to the Russell case he said
thpr. were members of the seu-
ate of the Twelfth legislature who |
1yero as patriotic and men ~ as fine
ability as any senate since that time. |
H. paid high tribute 10 Messrs Bowers
az Travis Douglas 81 Smith, Parsons. |
Pickett, Broughton and others who were |
members of that senate.
Senator Atlee prupounded q question |
10 This effect: The governor has the /
rieht 10 appoint officers and remove them
for causes which he deems sufficient. |
irhe people elect officers and through /
their representatives, the house of repre-
renutives prefer articles Of impeaeh /
mept. Has not this body the right 90 i
determine what are causes for impeach 4
mentl
Tbe speaker said the governor had the
RIGHT 10 remove because the legislature
bad given him that power The senate
would have the power also Il the oonsii-
tuition and laws had expressly said 50.
Major Walton concluded DIS speech ai
& y IN. having spoken four hours
Adjourned.