The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-04-26

who he must have known were not
actual settlers, alone entitled to pur-
chase them. The fact is admitted.
but they say you can't impeach him
because he was exercising his discre-
ton. But it is further charged that
he procured false entries and receipts
to be made and filed in the office with
fraudulent purpose. To this they
answer it was simply mistake. Is
that legitimate argument? 1t is al
legged that he tried to procure the chief
clerk 10 make false certificates. They
ridicule that as something preposter-
Gus. say that any officer wac would
attempt to get another to do such a
thing is unworthy of the trust imposed
upon MIN by the people, and that if it
is true 1t justifies his impeachment,
and so Tar as the demurrer Is con.
cerned it seems to be admitted,
They point the big guns of theil
arguments 80 high they shoot above
the horizon and 60 back and
say this morning that
these. lands can be recovered
and therefore you can't impeach be-
cause the supreme court says the land
can be recovered unless the purchasers
have complied faithfully with the
terms of the law. But the law saws
they shall be sold only to actual set
tiers, and if an officer p ts that law
under his feet and says he can and
does sell them, l hold you would be
recreant not to remove such an agent.
There is no question Of the exercise of
any discretion in it. 1t is simply
wilful abuse of his authority.
The Prescott case was cited to show
that an otfense need not be indictable
under any required statute to be i'm
peachabie matter. The remedy of rid
dance from improper official conduct
is based on the higher ground of the
right OF the people, untrameled by
mere statutory provisions. There is
no authority for the statement that an
offense must be indictable to. be i'm
peachable and subject to some special
enactment The right of the people
to have officers removed, without sta.
tutory requirements as in cases of in .
dictment was wisely reserved in the
constitution.
AS an illustration of this, suppose
the governor in his ri Sht of discretion
as to pardons should pardon every
criminal in the state, how long would
it be before he would be deposed by
the power OF the people? Reviewing
the cages cited yesterday by Judge
Lightfoot, he argued hat congress
had virtually decided that an offense
need not be indictable to be imneach-
able. The senate is made the exclu
} sive judge in such proceedings.
Continuing he said that it was not
necessary for the Legislature to have
enacted any law for the removal of
such state official as the land COM
, missioner, as the constitution had
already provided for that. 1t was for
the removal of other officers than the
governor, attorney general, land COM
missioner and comptroller that it was
necessary for the Legislature to enact
laws as contemplated by the constitu.
tiou. The section in the constitution
providing for impeachment of certain
state officers was self executing and
required no legislative enactment.
He quoted from an opinion of Judge
Roberts to show that the methods OF
removing officers as provided by stat
ute were merely in addition to the
we'll established method of impeach-
ment by the legislature. The object
of Impeachment is to protect the peo-
ple's right and property, and it IS mol
criminal proceeding 1t must bt
had to bride the reckless discretion
! Of state officers.
+ 1t has never yet been decided thai
legislative enactment was necessary
, to make effective impeachment pro
ceedings,, but on the contrary, con
gress has always held that it was not
necessary, as shown in Story on the
, constitution Sec. 1850 The provisions
= in the constitution on impeachments
are complete and we'll defined, anC
! Legislative enactment is not necessary
, The constitution provides the manne l
! and method of Impeachment and the
punshm ent, and nothing more ii
necessary. A public office is o public
, trust, and when he betrays that trus
he forfeits the right to hold the office
and ought to be removed.
, The mere fact that a number OF i'm
! parchment proceedings have been in
, stituted and no convictions had does
, not prove anything and is not an ar
+ gument in this case.
AS to acts that were committed In
the prior term of office, an officer car
be impeached and not removed from
office, because he may not then hold
the Office, but he may be dis
qualified from even again holding
office. Story on constitution, Sec. sol
Pomroy, section 728 Rowl on the
Constitution, page 2l3, says: "Those
, persons who are liable to impeach
ment are those who are or have beer
holding public office "
In the cnnAtruc ion of the cOnstitu
ton the object is to get al the iuten
ton OF the frames. The constitution
provides that the governor shall hold
Office for two years and the members
of the house for the same length OF
time They 60 into Office at the same
time, and unless the governor called
sn extra session for the purpose of i'm
peaching himself there never could be
impeachment proceedings in his case
under such circumstances.
At 1l:40 Mr.. Smith concluded his
speech.
Senator Goss submitted the follow.
ing questions:
First-What under the constitution
ora aufiojant ornunda for nonaaoh.