The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-10

sudden and final ending in the house
today. 1t was the general belief tina,
the Judiciary committee would moi
make it's report until Monday, but a
a meeting held during the noon re
cess it was agreed to make a unani
nous report to the effect that while
the conduct of Judge Harvey was cen.
surable in some respects, that the
evidence adduced before the commit.
tee was not sufficient to bring i'm
parchment charges.
During the afternoon session Self,
chairman of the judiciary committee,
asked unanimous consent to make d
report. 1t was granted, and the fol
lowing reprot, signed by all of the
members of the committee wa read:
"Mr. Speaker-Your committee on
judiciary, to whom was referred the
following resolution, towit:
"'Resolved, That Edward Harvey, a
judge Of the Second judicial district,
be impeached for high crimes. misde-
meanors and of malfeasance, and that
five members be elected by this house
of representatives to prepare articles
of impeachment, present them at the
bar of the senate and prosecute the
same
beg leave to report that we have
had the same under consideration and
have heard evidence concerning the
matters therein contained, a trans
cript of which evidence is herewith
submitted.
Evidence insufficient.
while the evidence will be found
in many instances contradictory, and
while ON some matters there is an ir-
reconcilable conflict, YOU committee
report that in our opinion such evil
dence is insufficient to warrant us in
finding that probable cause exists for
the institution of the impeachment
proceedings against said E. w. Har-
ney, judge of the district court of Sill
yer Bow county, for the commission
of high crime and misdemeanors.
1T must be conceded, however, that
the evidence tends to show that in
some instances the conduct of said
Judge E. w. Harvey has been such as
Sc MOT ,oo0p,irr in 0nn oon11rvino en-
important and honorable a position as
that of district Judge, yet in our judg-
ment the evidence is not sufficient to
justify a recommendation that prob
able cause exists for the impeach-
ment of said judge on the ground of
malfeasance in Office.
therefore, your committee recon-
mends that further consideration of
said resolution be Indefinitely post
poned."
Carried Without Debate.
Immediately on the conclusion OF
the reading Lanstrum of Lewis and
Clarke county moved that it be ac-
cepted. The motion was seconded
and without debate it was carried by
a unanimous vote. Then a motion
to reconsider the vote was made by
Lynch, and Allen moved to lay the
motion on the table. The motion to
table was adopted witaout dissent
and the house Immediately proceeded
to the regular order of business.
Before the Harvey investigation
was a closed incident, the proposed
investigation of non-performance Of
duty by state and county officials "a
brought up by a resolution introduce
ed by Webb, giving the committee
appointed to make the investigation
power to send for witnesses, visit 9th
err cities and eXpend $500 in the work.
There a opposition to the reso-
luton, Conner saying that tae investi-
cation would be a farce, and he NOV
ed to lay it on the table. The motion
carried by a vote of 80 to 10.
Dwight said he was surprised at
the sudden change of heart of so many
members.
Yesterday, by unanimous vote" he
said, this house decided to make
this investigation. Now it proposes
to let the matter drop. l would like
to know what has happened to make
this change of sentiment"
Duggan said he knew of three diff
ferent telephone messages that came
to Helena yesterday afternoon, when
the resolution for the investigation