The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-05-04

Tenn. Kearby in the chair.
After prayer by Chaplain Brlgg
the senate proceeded to business.
Senator Boren sent to the secreta
ry's desk the resignation OF assistan
journal clOrk, A. $. Thweatt, who ha
been appointed deputy clerk of TIT
court of civil appeals at Galveston
Accepted
The report of The free conference
committee on the liqnor tax bill was
postponed till tomorrow.
j. p. Poole, committee clerk, was
excused from duty on account of i'm
portant business understood to he fOl
getting married.
The election of clerk in the place
of MI. Thweatt was postponed till to-
morrow.
At 1920 the senate resolved itself
into court of impeachment.
Col. VIM. NJ. Walton spoke in be-
half OF the respondent. State Land
Commissioner McGaughey.
He commenced by abiding to the
responsibility he assumed in having
to defend one whose acts had been in
dorsed by the people who elected him
to his nigh office, ard in whose de-
tense was involved in part the reputa-
ton and happiness of his family,
watch were placed in his hands Us
counsel in the case While the man.
gers on the part of the house had he
said fairly and nobIy discharged
their duty, they had not he contend
ed presented the law as
it mad been reached by
long practice and authorities.
II fail this old mans case goes down,
his children aud family will be strIck.
en- with sorrow and he will be a dis
graced and ruined man in the state
ne has so long served. The prosecu-
ton has been able and courteous, but
| hope | shall be able to show you
that they have failed to present such
a case in law as will sustain the arti.
Giles OF impeachment, and that there
fore the demurrers should be sustain.
cd and the respondent restored to his
office.
The question has been stated by al
member of the court that where ten
ant violates his contract with land
lord there is "A remedy at law aud it Is
asked is there any mode by which a |
state officer can he Ousted who |
breaks his contract or oath with |
the state | answer that |
under the supposable cases pretended |
there is u remedy in this that an
officer who would do such things, as q |
governor pardoning every criminal in |
the st tie, would either be crazy or else
he would be subjected under the con.
stitutiou and laws to mandatory in
junction and be compelled to comply
will the law. He could not be impeach.
ed simply because he would be consid-
cred insane, and no law civil or Grim.
inal could reach him Such case is
too FAR removed from probability to be
reached by law,
The question can an officer after his
reelection and re-lnstallatiOn in office
or induction therein be called upon
by impeachment to respond for acts
prior to his election was sustained i'm
the negative by numerous cases cited,
showing that reelection was
a conformation y the highest au.
thority, that of the people.
The question had come upon whether
or not the president of the United
States could he impeaehed in such
Cases, aud was answered that his re-
election would be sufficient proof of
his innocence.
In case in New Jersey where a
city councilman was expelled for bri.
berry and went home and WAS re.
elected and came back to take his
seat and the council refused to recog.
nize him as unworthy to act in pub.
lie matters and he appealed to the
supreme court the court decided that
though he was unworthy his re.elec.
ton was conformation. (25 n. J.
Rep.s.. 300
The case of Judge Breckenridge Of
this county was cited, in which Judge
Breckenridge was charged with re.
ceiving illegal fees, AS his counsel |
based his defense on the fact that
the return between his election
aud second induction into office was n
of his old term; that in
law and under the constitution when
the day of election came he held over
uulll ne WAS Te-lnuUCueu ny lue OdlIN
of office. The court didn't agree with
me but stated that the oifense in the
interim belonged to new term and
therefore he was liable to indictment
aud removal on Texas Court of
Appeals 500 So the question was
not presented, but there is no doubt
under the laws quoted and previous
decisions that If the acts had been
committed prior to his election, such
acts would he no legal ground for re.
moval and that his election would be
a c)ndonatiou. Other cases cited
were Gordon vs. State, (43 Texas
Trigg vs. Texas. decision Of Judge
case in G5 Texas decision Of
Judge Stayton aud others.
Referring to the general demurrera
Colonel Walton said he proposed to
chow that 'nder the articles I'm sub
stance nud ls presented on the part of
Q he house. the respondent could not
he impeacNs I'd.
His ir,t proposition would be
this i a criminal proceeding
mr. wheth'r IA nigh court sitting as
this court IL INSTITUTED, as a criminal
court.
Second-If r. ia criminal court
hss the constitution Of the state
i 1 =