Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-26
AFTERNOON SESSION

The senate met nc 3 D. m. aud lmmc-
dintely resolved itself into court of
impeachment.
Senator Imhoden offered an amend.
mcnt TO the rules 80 as 90 allow five ut
torneys 10 appear and speak on either
side ui the case. Adopted
Representative Dashcll Of the house
committee began his speech by saying
lac was neither prosecutor nor q prose
cutor hut q seeker after truth lie
devoted his argument 20 showing that an
impeachnhlc 0nense need not be- one that
Is ndictablc, He said the object Ia %
criminal proceeding was 60 punish and
reform the offender whereas the object VI
the impeachment was 10 protect the PEG.
pie by removing the offender from office
and disdualiiying him thereafter from
holding public Office. He quoted from
Curtis an the constitution, showing that
impeachment Is not necessarily a trial
for crime He also quoted from pOme.
roy on the constitution To show that nn
mpeachahle crime need not necessarily
be- for q violation OF some statute. He
volume /, page 3OS, tO show that the
president was made amenable by tho
constitution 90 congress for mnlndminls.
trntiou of Office lie thought it was im.
possible for a legislative body 10 define
an the offences that an officer might be
guilty of, but there was left the power
of impenchment 10 hold public officers
90 q proper discharge of their duties.
Storey on constitution, section 162. lie
quoted a number Of other authorities 10
prove that the limits of impeachment are
vague, because the ohenses are indie
Enable II is impossible 90 control by
statute the discretionary powers Of an
officer The governor could veto every
bin passed by any legislature and be
could not be- Indicted, but no one Wiil
deny that be could be- reached by im'
parchment Discretionary power can
not be- limited but the abuse Of the
power can boz stopped by impeachment
when such abuse becomes dangerous 90
the rights OF the people. He referred 20
WhartOn's criminal law, which says it
would be- unwise 10 indict officers for
a violation of discretionary power, but
resort should be had 20 Impeachment
Ile summed up his arguments as fol-
Wrst-An officer Is amenable for
onenses that are not defined by constitu-
tlsm or statutes.
Second-Impeaclm crimes may be 70
nmltifarions as 10 be mdehnable.
Thim-The abuse Of discretionary
mower cannot Weil be- prevented by
statute, but rather by Impeachment 10
prevent q reOccurence.
An Of these propositions were backed
by reference to authorities. He referred
to the Declaration of Independence ana
declared thai the great bulk Of the acts
complained Of We're not indictable but
were abuse Of discretionary powers
Representative Bell Of the house CONE
mittee took up the argument 90 show
that impeachment Is not a criminal pro-
ceeding His arguments and authorities
were necessarily cumulative, az be had
10 90 over ihe ground already covered
bv two speakers. His speech was a
logical and convincing one aud consumed
an hour,
Senator Swayne offered resolution
providing that when the court adjourn
II 40 30 10 assemble again al II O'Clock
wednesday, so that members may attend
the funeral services Of the late John -.
Tamplcton, once encouragement Of the
state.
he court thereupOH adjourned and the
the resolution was adopted.
Adjourned