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

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peachment of Colonel McGaughey
commissioner Of the land office, with
the single exception of advising men
bers of that body to go slow and be
certain they are right before they pro.
! coed. In that advice we were govern
d by two motives; one of which was
definitely stated and that was that it
is a very serious matter to attack the
character OF any man either for ia
capacity or lack OF integrity. We
have avoided discussion Of the case
because We thought it would be a
matter to be adiudicated and we felt
il wae our duty to refrain from at
tempting in any way to prejudice the
mind OF the court, but there are other
matters that ought to be considered
preliminary to any Impeachment. In
the first place We have no right to lie
quire that the legislature should pro-
coed with a long and intricate trial
the members only receiving g day,
a sum totally inadequate to the de-
mands upon them. Then the expense
to the state of the whole thing is TO be
considered, not that either Of these
reasons should have any Influence il
there was a probability of conviction,
but if there is not strong probability
OF conviction both reasons ought to
| influence the matter.
We take it that the house OF repre-
sentatives stand very much in the
same relation to this impeachment as
an examining court does to any pris-
oner brought before it. 1t is the duty
of the house of representatives to as
certain whether there is probable
guilt, and also whether there is suf-
fcient evidence to convict. There
may be probable guilt, and yet it
would be wasting time and money to
prosecute if there was not sufficient
evidence to convict.
The defense indicated by counsel
for the commissioner, under the pro-
Visions of article of the Penal Code,
We have no confidence in as an effect
ual defense, simply because punish
ment is not sought under impeach
ment, and there can be no punish
ment inflicted. If it s found we have
an incompetent officer, the only
thing the senate could do would
be to relieve the state of such
incompetency by finding the defend
ant guilty. No punishment as con-
templated in other matters by the
Penal Code could be inflicted. The
office would be vacated under the law
and that is all.
There are, however, other matters
that ought to be considered by the
house OF representatives before they
proceed any further. When did the
unlawful sale of these lands take
place-in this OF former administra-
ton of Colonel McGaughey? Ifunder
this administration there is pain
calling before the prosecutors, but If
these things charged against the land
commissioner occurred during the
first two years OF Colonel Nc
Gaughey's administration the conVic-
ton becomes very doubtful. 1t will
be remembered that when Judge
Willis was addressed before the
I wenty-first legislature it was at
tempted to introduce testimony in re-
gard to matters occurring when he
was serving former term
OF district judge, and it was
held that his subsequent
election condoned any offenses that
might have occurred prior to that
election. Now, if this is a proper rul'
ing, and the matters charged against
Colonel McGaughey occurred under a
former administration, his reelection
condoned all those offenses and any
impeachment proceedings would be
estopped. We do not know how far
this rule might be made to bend
sufficiently on a simple charge of in
competency, to introduce facts in
former administration to establish the
incompetency. Such testimony
might or might not be admissible
and if that was the only thing that
could be established against the COM
missioner the probabilities of cOnvic-
ton would seem too indefinite to pro.
coed with the trial at such great ex-
peuse to the state.
If Colonel McGaughey is guilty he
ought to be. convicted, but if he can't
be convicted what is the use of i'm.
peaching him? Doubtless a compro-
mise might be effected. If the i'm
parchment proceedings are estopped
by such technical rule as suggested,
Colonel McGaughey certainly would
not be comfortable in the place any
longer, and would agree to resign.
This would accomplish all that would
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