The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-11

aH0AL l1ldl GAINS Ilin IuOI44lAAS WhOh
the house board of managers filed
communication with President Bur-
dick, repeating the request to Introduce
evidence in the unspecified cases and
declining to assume the responsibility,
in the failure to hear the matter,
thrusting the same on the sister house
now in session. in refusing to hear such
testimony.
Secretary Foley only read a few lines
when Tracy Bangs objected to a
further reading of the communication
on the grounds that it was an appeal
from the board to the senate to re-
scind its action of the other day to
eliminate all unspecified charges.
President Burdick responded by read
ing the following statement from the
chair:
5urdieE's Statement.
''The only question to be determined
here is whether John F. Cowan is a
At man for Judge. We are here to get
all the Information on his question, and
while we shouldn't violate the rules of
law in looking up the matters not
specified in the impeachment articles,
yet we should give the articles a rea-
sonable and fair construction.
Under charge Z, there is no ques-
ton in law but what the counsel for
the board would have the right to show
delayed cases other than those spe-
Gifted. ] have so ruled in the matter.
The senate though took the view that
IL would work an injustice to the re-
spondent in that he would have no
time in which to enquire, but we can
give him reasonable time to inform
himself. The board has only offered
to prove twenty cases not specified
and their request seems quite reason
able. The objection is raised by the
respondents counsel that the charge
in the delayed cases is not impeach-
able. If that construction be correct
then no harm can possibly come to
the respondent by any hearing of the
delayed cases specified, or otherwise.
"The full and complete specification
of the respondent demands we hear
all the evidence on the impeachment
charges and respondent should insist
on this being done"
Interesting Dsbate.
The big debate that followed be-
tween the distinguished brothers was
perhaps the greatest and at the same
time amusing. yet heard in the pro-
ceedings. In the opening Tracy Bangs
said he intended to speak briefly on
the subject because the same facts
had been gone over before, and he
argued the point on the theory of a
case involving the civil rights of a
fellow citizen and not a prescription
case for the compromising of political
dope.
81 have seen the newspapers said
he, "and so have you, for the past few
days. We know as well as we know
that we are here what, is going on,
but / do not believe. no matter what
is done, that there is any power in the
state, journalistic or otherwise, to bull
doze or frighten the gentlemen of the
senate into any particular action. You
are here as judges Of facts and the
law. and you are here to pass upon
them as men and judges"
Again he went into the details OF
the charges, explaining the impeach-
able offenses under the statutes, thor
oughly gone over at the opening of the
trial He concluded by saying; "In
the house the supposed friends of
Judge Cowan had said in order to be
friendly to the accused jurist they
wanted to prosecute him on all the
charges they could. but they hoped to
God he was cleared" He said the
board claimed to have overlooked GER
tain things not specified, and the ac-
cused must now face the things the
house never charged him with, adding.
"The house didn't overlook anything
purposely, at least"
G. A. Bangs Reply
c. A. Bangs was equally eloquent.
He said the senate refused to hear the
drunkenness charges prior to 1909 and
the board yielded. You can refuse to
hear the evidence If you DESIRE" he
cried. "but the responsibility cannot
be laid on the board of managers. The
responsibility of the failure to hear
these charges must rest where it be-
longs, on those who refuse to hear the
testimony. No power on Gods earth
can prevent us from Offering the testi-
mony."
He continued 1t was not criminal
action, which his brother refuted
Boards Statement.
"A discussion followed between the
senators and members Of the house
board, including Messrs. Simpson,
Nestos and Homnes. the latter stating
that Jordal Of the house Cowan in
vestigating committee had refused to
turn over the evidence taken, when
the examination was made to the
board when charges were prepared.
Trimble asked him If the committee
intended to be arbitrary and Homnes
stated he did not wish to say any
thing about arbitrariness.
Tracy Responded.
Tracy Bangs responded with a brill
liant argument refuting his brother
!, statements. He called attention to
the preparation of the charges by the
house board and then shook his head
without saying what he thought.
He said the Homnes statement that
the board didn't know about the same
was the utmost folly.
He then referred to the character
istic bulldozing speech Of his brother,
with which the people Of the Red
! river valley were familiar, as intend
ed 20 brighten senate.
He said G. FL. Divet had gathered
the information for the charges and
prepared them, but was interrupted by
G. Al. Bangs. who said 1t was mis-
! take.
Tracy wound up by saying that @.
A. Bangs had found one court that
couldn't be huIIdczed or frightened.