The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-02-25

bismarck, N. D., Feb. 25.The i'm
parchment charges against Judge
John F. Cowan Of the Second judici-
al district were lost in the house
yesterday by vote of IS to IS on
the adoption Of the majority report
against impeachment, and the motion
to reconsider and lay on the table
was carried at the session last night
by 81 to 43. this putting the clincher
on the proceedings and sealing the
record.
North Dakota's second attempt at
impeachment involving the integrity
of the bench, coming to a close yes
terday, amid scenes stirring and ad-
mittedly without parallel In the his
tory of the state, is today still a
live topic in the city of Bis
marck. But constant grind of the leg
islature mills, halted temporarily in
the consideration and final DISPOSE
tton of the impeachment, is again in
progress as though nothing had hap
pened to change the course Of events.
Judge John F. Cowan. the central
figure in the unusual drama that has
been staged In the state capitol, left
Bismarck, at $40 o'clock this morn
Ing for his home in Devils Lake, that
he might participate in the institu-
ton Of the new lodge of Elks there
tonight. Accompanying him were a
number OF his friends who have been
here during the strenuous period of
suspense awaiting the outcome of the
move against him, while on q later
train, delegation of those who have
been here fighting for the impeach-
ment also returned home. Judge
Cowan made his trip home by way Of
Jamestown. expecting to travel from
that city to Devils Lake, on spe-
cial Elk train today.
Probably no citizen of North Da-
kota has been placed in situation
so little to be envied as has Judge
Cowan. During the last week or ten
days, despite the fact that legisla-
tive committee was making an in
vestigation behind closed doors Of
the charges in question, certain
newspapers Of the state have carried
stories purpofting to contain the evil
dence introduced at that hearing, and
in many instances, the evidence ac-
credited to different witnesses has
been utterly out Of harmony with
that actually presented to the COM
mittee. The stories, prepared with
no other intention than to prejudice
the public mind had very opposite
effect in the capitol city where the
truth was readily recognized. and in
stead of accomplishing the purpose
for which they intended, publication
of these stories, as matter of fact,
/; prejudiced the case of the prosecu-
tion, and resulted in the effort to inn
ipeach Cowan being characterized on
the floor of the house in yesterdays
heated debate as a persecution In
stead of q prosecution.
Charges Of whitewash, intimated
even prior to the making Of the re-
port are made by the prosecution.
Also charges that the stalawrt Re-
ipublicans were organized to fight
against impeachment were made, but
among the members Of the assembly
| q very different impression prevails.
1t is true that about the capitol
corridors and the hotel lobbies that
here was more or less excitement
last night, although evidence Of any,
thing unusual rapidly disappeared.
1t is true, too, that at least a near
fist fight occurred in the capitol
building as an outcome Of the house
decision in the Cowan matter, with
prominent state officer as one OF
the participants. It was between the
hour of the afternoon adjournment,
and the convening Of the evening
session that the interest was most
pronounced as to the outcome, as the
uncertainty of carrying the clincher
motion, after which 1t would have re-
quired a two-thirds vote to reconsid-
er, brought about this sentiment. But
when the clincher motion prevailed
| in the evening without further diff
ficulty. and the Cowan impeachment
investigation story was turned over
to historians for discussion, the ex-
citement subsided in the knowledge
that the sensational case had fallen
through and was no more.
The correctness Of Speakers Han
ley's several ruling on parliamentary
rules in the first part Of the fight in
the afternoon were also called into
question, and the explanation Of the
rulings which was later given to the
house on the request of Representa-
tive Streeter was apparently to the
satisfaction Of the members as no
further reference was made to them.
Did Not Obey Resolution.
Price of Cass said that he did not
intend to take part in discussion as
to the merits in the case, and he
hoped to be able to agree with the
committee report, but agreed that the
resolution Of February was plain
and specific, that at the end Of the
committees consideration Of the case
they would report their evidence in
the case and their findings thereon to
the house. He said the house needed
this testimony to reach proper con-
clusion; that personally he favored
Judge Cowan. but not to an extent
that he could overlook his plain duty.
He said the mistake had been made
at the start and that there had been
other mistakes and that not tho least
of these was by going back on their
Instructions. He said the house had q
plain duty to perform notwithstand-
ing the fact that the reports that had
gone out had created . Cowan senti-