Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-27
AFTEIlNOON sEss1nN

WAANh WAS uNuufnN
lie senate then resolve5 ;,.oif a..
court Of impeachment and Sip Foea 'o
resumed ms argument for the state
Al o'clock Representative lJsrd,r.
~, ~ ueesr MS argument in bthalf of Inc
slaf' me occasions have heen rare
WIFI me powers OF this court have been
INVOKED 10y the people. Demurrers nre
ttesenste9 winch go To the very founda
~, t,, VIZ jurisdiction OF this court and
w Vuii .d9 tlOn OF our system of govern.
ment' Tie deinurrers are rronpad
flrst, the court has no iurisdirfion ho
,.'.ie' helther tie constitution nor the
written laws prescribe what shall con-
sls.ute cause for impeachment.
SeyORq' the articles contain no i'm.
pi, euSiuaole matter they allege no cor
fupl0n or wilful wrong.
lhiid, some of the acts occurred nrior
20 the present term OF Office and tbere
tOre are not impeachahlc matter. lie urc-
raced his speech With a History of I'm.
peachment trial as disclosed Nv Isngiieb
history. The Impeachment trial ip fbe
Iu"el States hus its origin in the trials
~ the Lngiish parliament lie con
tended that impeachment is simplv a
method of removing an officer rbiH l.
lWly authorized aud described bv no
constitutions The senate as a conrl h
competent under thp constitution al boa,
tLe case and determine whether an not s,,f.
ncleht cause has been shown 10 yvarrant
removal The only difference between fhe
.,ueIa ana state constitution Is the form
prescribed treason, bribery nnd bigb
crimes and msdeneanors as censes ~
Impeachment. whereas the latter dors
not prescribe any causes lie utotsd
from an English lecturer who sadt ne
INC common law did not prescribe What
shal constitute the cause of uuppnrb
tn IVA. 10 law written has undertaken
10 uehne me limits Of court Of chnuccrv
nor nave they In the case Of "A roitrt ~
impeaobme The court il oypertci ta
relieve the people from UNEXPECTED ond
unforeseen violations Of some J,ttv H.
onice- holders The object of the 1roT
SION ln tie constitution is merely for
the purpose Of giving jurisdiction io fhe
vourI ana TO place certain limitations
ui"u l hhd not Tor the purpose of ere
H!Wg the right OF impeachment which
already existed II was inherent In thc
SolohleS TO remove judges from office bv
impeachment. lie quoted from Curtis
Hiahiord, Meecham, and pumbar M
other authorities to show that tho po,,,er
oil Impeachment Is over and above any
losl,lNe statutory enactment when the
co9uuet OF officers impcItls the public
surety, renders them unfit 10 orrupv the
offices. The systems of Unprecedented src
70 De governed 10y the great principles Of
1sht The purposes Of the conuitution
are. ''''"
First-.I'o name the tribunal
sSecond-To modify and limit the rirbt
imrd-Io prescribe that II the acts
DC crimes, there may he a criminal
!, loseeMlon also. He explained the fact
ana misdemeanors are given In the arti.
Gle IN the federal constitution. because
tue federal constitution Is am Instrument
OF delegated powers whereas the state
constitution being an instrument OF linn
ltdton, there was no necessity To IRE
scribe what otfenses shall constitute
ground for Impeachment He Thought
4a,,-iAss-4s'saslatur hud no riFhr 20 en-
act laws ON the subject OF impeachment.
as Il was fully provided for In that
instrument and quoted the section of the
constitution, which SAYS. THE lcgisla
lure shall provide by law for the trial |
and removal frOm Office OF all officers |
VI the state, the modes Of which have |
not been provided for IN this consti |
tuition
he quoted from a number Of state |
constitutions, In which no causes OF i'm |
parchment are set out In that instrument /
ind among them Georgia, No less than |
liur Aates have accepted aud adopted /
impeachment Ia hs fun import. as in |
Ieyus, In these states nothing Is neces
lary In the constitution, except 10 give /
.uriSiicuon' and 20 place such limitations |
~ may boz found necessary
lie reviewed the history OF trinls by |
address Ia this state, and cited as a pre-
'edent the case OF Chambers, In the
fourteenth legislature, where the dcmur.
'ers were Overrued by q vote of ~ 10
,. Many Of the members Of that leg.
stature were members of the cOnstitu.
lnnnl convention. which made the pres
'nt constitution aud yet they did not
hlnk Il necessary TO prescribe wha.Gcts
hall constitute grounds for Impeachment
Up 70 1916 the land commissioner was
lot included in the list of officers who
'ould be impeached under the constitu-
ion. As 10 whether the violation of |
he official duty is sufficiently grave 90
warrant removal, Is a matter 90 be left
o the discretion of the senate.
He charged that the land commissioner
lad violated the trust imposed upon him
~ the people of the state and also
he written instructions 10 him, laid
Town by the legislature
AZ AS Mr.. Henderson concluded his
peech having made a powerful legal
argument of nearly two hours lie said
hat the theory of the defense. that I'm
rider 10 sustain impeachment there must
~ the violation OF penal statute, was
Ibsurd. Suppose that the land commits
oncr were 10 close the doors Of the
and Office and decline 10 transact any
business, there would be no violation
Il 4 penal statute, yet no man would bee
OOlish enough 10 claim that be could not
~ reached by impeachment. He said
when there was a condunement. the per
ons cOndonng must know Of the Of
ense and that the burden Of proof rs
IpOn the house 10 show that the people
Il the state knew OF these cases before
hey reelected the land commissioner,
nd cited authorities 90 substautiate this |
osition The statute providing that no
district and county officers shall be re-
moved from office nor prosecuted for
fences committed before their terms
4 office begun the speaker explained as
N Isolated and detached section SO
ar as impeachment proceedings are con-
ened, aud could not apply TO the con-
ututiOnal impeachment because the con-
utution prohibits Il.
Al $40 O'Clock Mr. Henderson con-
luded his speech. having made a pow
rful legal argument Of more than two
ours.
Mr. Greer prOpoWnded the following =
question 10 defendants counsel;
First-ls not the tenant Whel he YiO-
ties his contract or refuses 90 carry II
ut subiect 10 custer b. the landlordY
Seconds not the occupant of an Of
&c a tenant Of the peoplef
Thrd-lf an officer violates his oath
+ office, or contract, and runs the office
ontrary TO the objects for which Il was
reated, have not the people (his land
)rd) the right TO Gust him.