The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-08-08
STATUTES PROVIDE FOR iMf!
PARCHMENT OF JUDGES OR
OTHER OFFICIALS.
House of Representatives Must Prefst
Charges and Present Them at Bat
Of the Senate-Law Laid Down in
Montana Codes Paints Out the
Way to Proceed Against
Men Guilty Of Misconduct

constitution fixes the method of pro-.
cedure, and in order to make the latter
clear to the public the provisions of the
constitution embodying it are here pub
lished The constitution says:
THE governor and other state and ju-
dicial officers, except justices Of the
peace, shall be liable to impeachment
for high crimes and misdemanors, or
malfeansance in Office.
THE sole power Of impeachment vests
in the house Of representatives; the con-
currence of majority of all the men,
bers being necessary TO the exercise
thereof. Impeachment shall be tried by
the senate sitting for that purpose. and
the senators shall be upon oath or afflr-
nation to do justice according to law
and evidence No person shall
be convicted without concurrence of
two thirds of the senator's elected.
IAN impeachments shall be by resolu-
ton adopted, originated in. and con-
Quoted by managers elected by the house
of representatives. who must prepare ara
ticles of impeachment, present them at
the bar of the senate, and prosecute the
same. IS
when an officer Is impeached by the
house of representatives, the articles tQfs
impeachment must be delivered to the
president of the senate. nc /
1.-The senate must assign a day for the
hearing of the impeachment, and inform
the house of representatives thereof. The.
president of the senate must causes a.
copy of the articles of impeachment,
with notice to appear and answer the
same at the time and place appointed.
to be served on the defendant not less
than ten days before the day fixed for
the hearing.
1.-The service must be made upon the
defendant personally, or if he cannot,
upon diligent inquiry, be found within
the state, the senate upon proof of the
fact. may order publication to he made,
in such manner as it may deem proper,
of notice requiring him to appear at
a specified time and place and answer
the articles of impeachment. 9eriTT %.
eff the defendant does not appear the
senate upon proof of service or publica-
ton, as provided IN the last two Sec
lions, may. of its own motion or for
cause shown, assign another day for
hearing the impeachment. or may pro-
coed, in the absence of the defendant. TO
trial and judgment. IA
eff the defendant appear, and is un-
| able to procure the assistance of coun>
| sci, it is the duty of the president Of the
senate to appoint some suitable person
| to assist in his defense; if the defendant
| is served by publication and fails to ap-
pear, it is the duty of the president Of
the senate to appoint some person or
counsel to appear in his behalf and make
a defense for him.
when the defendant appears, he may
in writing object to the sufficiencyn 81
the articles Of impeachment, or he may
| anSwor tho Sanoo nv an oral Y1oa nf mi
guilty, which must be entered upon the
journal, and puts in issue every ma
terial allegation of the articles Of i'm
parchment.
IF the objection to the sufficiency OF
the articles of impeachment is not sus-
tanned by a majority of the members OF
the senate, the defendant must be Or
| dered forthwith to answer the articles
Of impeachment. If he then plea Is
| guilty, the senate must render Judgment
| of conviction against him. If he plead
not guilty or refuse to plead. the senate
must, at such time as 1t may appoint
proceed to try the impeachment.
''At the time and place appointed, and
before the senate acts on the impeach-
ment, the secretary must administer tC
the president of the senate, and the pres
| ident of the senate to each Of the mem
bers of the senate then present, an oath
truly and impartially to hear, try, and
determine the impeachment; and nc
member of the senate can act or vote
on the impeachment, or upon any ques.
ton arising thereon, without having
taken such oath.
'The defendant cannot be convicted
of impeachment without the concurrence
of two-thrds Of the members elected
| voting by ayes and noes, and If two.
thirds of the members elec.Se do MOI
| concur in a cor lotion, he must be ac.
quilted.
"After COZ viction, the senate must, al
such time IS it may appoint, pronounced
judgno -, in the form of a resolution
entered upon the journals of the senate
ION the adoption of the resolution o.
a majority of the members present whl
voted on the question of acquittal o.
conviction. it becomes the judgment q
the senate.
'The judgment may be that the defen
dant be suspended, or that he be removes
from Office and disqualified to hold In.
office of honor. trust, or profit unde
the state.
IF Judgment Of suspension be given
the defendant. during the continuanc
thereof. is disqualified from receivin
the salary. fees or emoluments OF tn
Office.
whenever articles of Impeachment
against any officer subject to impeach
ment, are presented to the senate. sue
officer is temporarily suspended from hi
office, and cannot act in his official ca
pacity until he is acquitted. UpA sue
suspension of any officer, other than tn
governor his office must be at once tenn
porarily filled by an appointment mad
by the governor with the advice an
consent Of the senate. until the acquitts
Of the party impeached; or, in case 9
, his removal, until the vacancy is filled q