The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-03-30
lK07I0N IS MADE
TO QuAsA THE
IMPEACHMENT /
/ Defense Questions the Regular
ity Of the House Procedure
In Matter
no RECORD Of THE VOTE BY
/ WHICH IMPEACHMENT Was MADE

W. ss0OOss0 ~ sU0 uOU0 "
H WHICH IMPEACHMENT Was MADE
Prosecution Denied the Tenableness
I. Of the Accused's Position and the
( Senate Took Recess to Look Into
the Merits Of the Question.
+ Bismarck, n. D., March 3p~ That
the defendant has never b M
peached by the house Of repfAc :.
tises under tho rules laid down. El
the constitution and the statutes ~
the state; that the articles of im->
peachment presented to the senate
have never been concurred in by
majority Of the members elected to
that body; that the senate is without
power under the constitution to re-
main in session at this date, the
house not being in session, and that
the trial Of the accused jurist upon
the purported articles of impeachment
exhibited to the senate would be a
direct invasion Of the rights Of the
accused guaranteed him under the
state and United States constitution,
were the reasons set forth in mo-
tton made by Judge John F. Cowan
this morning for quashing of all the
proceedings under the articles. De-
cision was delayed in the matter un-
til 2 O'Clock this afternoon by the
members of the court, after the argu-
ment Of counsel and the chairman Of
the board Of managers had been made.
sdesiltng time in which to look into
the records and the law bearing on
the subject. Judge Cowan's motion
to Quash the proceedings was made
Immediately after the articles Of i'm
speachment had been read. Asked by
President Burdick whether he wished
to offer argument in support Of his
motion, Counsel Tracy r. Bangs de-
clared that he did not care so to do,
but after several members Of the
court expressed desire to gain light
on the subject he entered into q brief
argument for the mdion.
I'VE firmly believe. that the house,
mas proceeded irreguiarly In this mat
ter and In the adoption Of the articles
OF impeachment; that they were not
adopted by q majority Of the members
of the house, there being no official
record to show that they were; only
ia vtve yoca vote was taken in the
house on the articles" said Mr.. Bangs
In opening his argument. As to the
question of whether or not the sem
without the house being in session,
without the house fbinE In session,
he declared that he himself had
no decided views on that subject, not
having been able to arrive at any
definite conclusion In the matter,
there being nothing legally to indi-
cate the present condition Of legisla-
tive assembly. Halt Of 1t he said
had seemingly been lost by the way
side. He entered briefly upon the
question Of the veto power Of the
governor, and oontended that II the
house was still. In session that the
governor had exercised himself to no
avail In that particular, but that was
matter. he said. for future courts
to decide. We expected to urge and
will continue to urge even to the
closing Of the final arguments the
question Of Jurisdiction regardless Of
the action taken at this time," he said
in closing.
Chairman Homes Of the board Of
managers, making reply, declared that
It was not for the defendant to in any
manner question the procedure Of the
house; that Its authority in the mat
ters Of Impeachment was supreme
and that no one could question its
Jurisdiction. He called attention to
the house journal, cited precedents
from the United States house of rep
resentatives. and declared that every
step had been regular. Tracy Bangs,
making reply. grew eloquent in his
appeal supporting the motion. The
fact that there was within the state
body Of men clothed with such great
power that none could raise q Ques-
tion as to it's authority was something
new to him and in view Of Mr..
Homnes' statements he felt that the
accused must be in contempt Of the
house because he had questioned the
authority. The citations from the ma
tional house, he declared, were Of no
value. as that body was operating un-
der an entirely different constitution
than that of the state. The state con-
stitution provides that q majority Of
all members present must vote for
impeachment and the adoption Of the
resolution, he contended. was not in
reality an impeachment. But the
adoption Of the articles really con-
stituted such impeachment. The ar
ticles, he said, had never been read
and adopted by a majority OF the
house. In fact. had not been read at
ell
Geo. Bangs, replying, declared that
such tactics were not unusual. referr.
Ing to the motion to quash, but he
declared that he was very much dis
appointed to see an exhibition of them
90 early in the case. In his views the
regulation adopted by the house con-
stituted the impeachment, and the fact
EDn ~