The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-04-26
COL. M'GAUGHEY
MAKES ANSWER TO THE ARTICLES OF
IMPEACHMENT FILED AGAINST HIM.
he Takes Upon Himself the Full RospOnsi
bility Of His Acts and Denies That
ANY Of Them Warrant His
Impeachment

And now comes defendant, w. L
McGaughey in his own proper person
and demurs generally.
First-To the jurisdiction and powe
OF this high court of Impeachment
under the constitution and laws of tn
state of Texas to receive articles {
impeachment against him, to caus
him to appear before it, and demuI
plead or answer to said articles of i'm
parchment, or to any one or more O
them, or to put him on trial, or to tr!
him, or to render or enter or recOrC
any judgment against him, becaus
he says, that Sec. and 2, Art. XIV o
the constitution, a. do the laws of thu
state of Texas, fail to define any
crimes or offenses, for which an i'm
parchment will lie; that said section
and article of the constitution, are no
self executing, but require Legislation
to put said sections of said article int
operation.
SecOnd-He demurs to the several
each and all Of the articles ofimpeach
ment proceedings, because there IL
not contained in them, nor in any oI
them, any lmpeachable matter, under
the constitution and laws of the state
OF Texas, and because there is nc
treason, no bribery, no high crime
and no misdemeanor, therein alleged
against him, that are impeachable
under the constitution and laws of the
state of Texas, and because there Is no
matter or thing therein alleged
against him evldencing corruption ON
his part in the administration of the
business of the general land office OF
the state of Texas, and manifesting no
act on his part, mala in SO nor mala
prohibita that subjects him to i'm
parchment under the constitution
and laws Of the state of Texas, and Of
this he prays the judgment of the
high court of impeachment
(Signed) w. l.. MCGAUGHEY,
In prOpria persona.
And for special demurrer and ex-
ception to the several articles of i'm.
parchment, serlatem. he, the defend
ant presents the following:
To articles l and 2:
First-They contain no impeach-
able matter or facts, nor charge any
corruption or wilful wrong.
Second-They allege matters trans
piring prior to the commencement of
defendants time of office which are
not, under the constitution and laws
OF Texas, can lot be matters on which
to base an impeachment of him and
his removal from office.
TO article 3:
First-rhe same az to Arts. and 2
as above.
Second--Because it Automatically
appears on the face OF said Art 3
that the alleged sale to G.. d. Doll0u
of sections of land, lG, section "a, sec,
'ti0n "a and section 81 in block No. 2,
Houston and Texas Central railroad,
Harris county, Texas, were made on
Oct. IA, 1892, which was day and
time prior to the commencement of
defendants present term of office, and
80 far as said sales are concerned they
constitute no grounds for his impeach.
ment and removal from the Office he
now holds.
To article A.
First-The same us to Art. g.
Secondhand because ,he sale of
In, 10 Co. 1 l..ll
81, and "a, block ?, Houston and
Texas Central railroad company, Har-
ris county and the sole of sections IS
to j. | Dillon, and 9ctiou GA to |. &.
Stafford. and section 80 to p. Nj
Quincy, all in same block of land are
alfirmatively alleged to have been
made not later than the 23rd day of
October, 1892, which was a day aud
time prior to the commencement of
defeudaut's present term Of office and
aud Afford, under the constitution
and laws of Texas no grounds for his
impeachment nor for his removal
from the Office he now hollis after
election thereto.
Subsequent to the happening of the
matters, things, acts and facts alleged
against him in said Art. A.
To articles and 6.
First-Eor all the reason stated to
Arts. |, .. md
To article I
1t contains no Improbable matter,
especially when taken in connection
with articles |, >, 3, 4, 5 and 6.
To Art s.
First-lt contains no impeachable
matter The calling on the attorney
general for his opinion, is privilege
and not duty.
Second-rhe said Art. S, atfirma.
lively alleges, that the true cOnstruc
ton OF the law was MISTER OF doubt to
tue defendant. In such case it is his
duty to cOnstrue the law to the best OF
his ability fairly, honestly and con
scentiously under his oath of office.
TO articles 8, 10, IL, IL, Is and II.
First-NO impeachmen5 matter
alleged, no wilful wrong charged, no
corruption averred.
Secnnd-All that is alleged
amounts to an erroneous construction
of the law, with no evil, corrupt or
personally advantageous object or
purpose in view, iuductive to make
the erroneous construction.
To Art. Is.
First-Contains no impeachable
matter under the constitution and