Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-03-01


Overturning it's action of last Fri
day when it voted to indefinitely post
pone all further consideration OF the
petition that had been presented ask
ing for the impeachment of Hon. John
+. Cowan, Judge of the Second judi
cial district, the house of representa-
tives yesterday by vote of GA to sc
adopted a resolution ordering that ar
ticles of impeachment be prepared
running against the defendant 1urlst
and that he be held for trial before
the senate of the state.
The resolution was adopted at the
conclusion of the presentation of the
evidence submitted to the investiga.
ton committee of the house by that
committee through Chairman Jordal.
being offered by Mr.. Ployhar OF
Barnes while the house was sitting
as q committee of the whole, being
recommended out of the committee
for adoption by the house, and after
wards accepted by the house.
1t was a bitter fight, spectacular and
tense through every phase, with every
point contested, with every feature
of the case thoroughly discussed and
with the proceedings marked at inter-
walls by heated statements from de-
bators that Tended to the contest an
element of uncertainty as to what
was coming next and which kept the
galleries and foyers crowded.
From II o'clock in the morning,
with only an interval of a half hour
for lunch, till 4:20 o'clock in the after
noon, the battle was on. Probably
the first three hours Of that period
could not be t. rmed as being part OF
the fight, for it was during that time
that the evidence was submitted, yet
there was q constant and never failing
feeling on the part Of many to stand
by and contest every point that was
brought by Mr.. Jordal, chairman of
the Investigation committee, as he re-
cited the testimony introduced.
Shortly before o'clock when Mr..
Jordal concluding the recital, the
clouds of battle broke forth like a
thunder clap, Mr.. Ployhar of Barnes,
offering the following resolution Of
Impeachment which was subsequently
adopted:
Be it resolved by the house of rep.
resentatives of the state of North
Dakota:
Whereas, it appears from the testi-
mony taken in the Impeachment pro-
ceedings brought against Judge John
F. Cowan, on Feb. 8, 1911, and which
testimony has this day been consid:
cred by the committee Of the whole
house and from other facts appearing
before the committee of the whole
house that there is grave and prob
able cause to believe that the Hon.
orable John F. Cowan, Judge of the
district court of the Second judicial
district of this state is guilty of i'm
peachable offenses, and
Whereas, the belief in the existence
Of such probable cause of impeach'
ment is evidenced by common repute
and public charges so extensive as to
bring the administration Of justice
into disrepute and initiate against
and destroy the confidence of the
people in the courts Of said district
to the hurt and injury of the whole
state, and
Whereas, that the said courts can
not be restored to the confidence OF
the people, or it's former usefulness
and standing except by an open trial
of the charges made, now therefore,
Be it resolved, that said John F.
Cowan, judge of the district courts OF
the Second judicial district of North
Dakota, be and hereby is impeached
of habitual drunkenness, crimes, cor
rupt conduct, malfeasance and misde
meanors in office, and that board
of managers, consisting of five mem
bers, be appointed by the speaker tc
conduct such Impeachment proceed
ing. in accordance with law, and ia
draw up and present such impeach
ment charges to the bar Of the senate
of the state of North Dakota for trial
and that said board of managers be
and hereby is authorized and directed
to employ counsel to assist it in the
preparation of the articles Of impeach
ment and in the prosecution of the
articles of impeachment against the
said John F. Cowan, judge as afore
said, before the bar of the senate OF
the state of North Dakota, and recon-
mend that the resolution be adopted
On the adoption of this resolution
there were ga ayes, sc nays and alb
sent and not voting. Those voting
against the adoption of the resolution
were Anderson of Ramsey. Andrus,
Boerner, Boyd, Burns, Cunningham
Defiance, Dunseith, Englund. France,
Fritz, Johns, O'Shea, Pendray, Ray
Reeves, Scott, Scheer, Sgutt, Stern,
Stranahan, Streeter, Thompson. Tol.
lefson, futile, Walters, Whitmer and
Williams. The absentees were Brus
letten. Collins and Aasheim.