The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-04-12

Yuosb 10 unu or not Dill OF lnQ1ct
ment. They were confronted with al
anomaly in the Texas constitution
not enumerating acts for which an of
fetal may be impeached. So the
right not being expressed, it was con
cluded that it was intended to be left
to the discretion of this body to pre-.
sent such matters before the higher
tribunal, the senate, and that the
right was inherent. He had heard nc
cry about its being political neces.
sity to make the investigation. There
was no politics in it, and the commit.
tee was not swerved by SUCH consid-
erations or by any personal feeling in
the matter.
AS to whether or not the facts in
the report are sufficient basis for &C.
tion before the senate that is a cues.
tion each member must determine for
himself. Our only duty was to pre-
sent such facts as we deemed suffici-
ent for trial of an official on charges
preferred.
Mr.. Peck-As l have signed the
minority report, if / believed Colonel
McGaughey acted culpably 1 would
vote to impeach him if it took the
whole year. But that gentleman was
not q lawyer and the questions in
volved were largely matters of con-
struction of the law. 1t may have
been a mockery to put man in the
Office who was not familiar with law,
but the state having done this had no
right to impeach him for constituting
the laws as he thought for the states
own good. Nor should that gentle
man be expected to anticipate the &C.
tion of the house or the house be ex-
pected to get him to request these
proceedings. No man is expected to
go before jury and ask it to indict
him. But he has done what must
have been wrung from him by des.
son. 1t may be he should not have
appointed so young a man to so imo
portant q position, but il was but
natural and human to err for our
children.
II there are no just grounds here for
impeachment, why go any further to
immediate the defendant before the
senate.
Being interrupted by Mr.. Pagan of
Lamar, asking if he believed the eec-
ton of the committee report as tC the
character of the notices of sales made
by the commissioner was not true.
Mr.. Peck-The notice perhaps was not
long enough, and, l admit he was
wrong in not giving longer time, but
he felt it was to the interests of the
state to sell these lands which had re-
manned so long on the state unsold.
AS to the charges in these matters
they were such as might be handed
down from his predecessors. He did
not believe such an investigation was
demanded or that the Democratic
party would be hurt by it. That party
was too great to be hurt in such way,
or by the detraction of any official.
Mr.. Onion said: fully agree with
other gentlemen as to the Importance
of this matter to the state as we'll as
to the commissioner and his family.
1t should be discussed sufficiently for
tho members to come to an intelligent
conclusion if it takes till next month
No mistake should be made either
way. l am here to influence no one
but simply as q member to give my
opinion. The argument of the gen.
tleman from Marion was strong one
but did not fully meet the legal point
involved.
AS to Colonel McGaughey not being
invited before the committee, the
house made the committee jury of
inquiry as 10 the facts as to whether
there were grounds of impeachment.
No one ever heard of grand jury
having an accused party before it.
Colonel McGaughey was not entitled
to such a privilege. Nor was it nee.
essary for such proceedings that the
evidence should be exhibited here.
Such thing is not warranted in i'm
parchment proceedings.
Mr.. Rogan spoke defending the ae.
ton of the committee from the demur-
rer to the sufficiency of the proceed.
ings. The only question was as to
whether the committee had presented
a basis for such action.
Mr.. Chambers presented a resoiu-
ton, which after some discussion was
lost by vote of 38 to so, that the
house have the testimony taken be-
fore both committees presented before
this body before passing upon the
case. He said that he did not wish
to act under oath upon the oath of any
other man, and there was not paper
would publish the testimony under
such circumstances if so requested.
1t might be read in closed session.
The report looked like the committee
had not fully investigated the law
involved in the acts of the commits.
sioner, particularly under the law of
1887. He did not see why Mr., Cough,
as a member of the committee, should
not want the light of the testimony
before the house by tuning on the
calcium.
Mr.. Gough-No one is more anxious
than am that the whole testimony
be published. 1 believe the great
majority of the committee agree with
me that way. They simply recon-.
mended suspension of the publication
pending Impeachment, as it would be
exparte and unjust to the accused,
after that the committee would, in
justice to itself, want it published.
The previous question being de-
manded the report of the committee
was adopted by vote of 80 to %.
The house turning to other business
considered senate bill providing the
manner of payment by new counties
of pro rata of Indebtedness of the
counties from which they are created.