The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-04-20
SENATE REFUSES
TO TRY WARDEN
RUSSELL
Prison Warden Is Not q Civil Officer
and Senate Has No Jurisdiction
Matter Is One for Board
of Control.
Commission, If Appointed by Cover
nor, Would Be Handicapped by
Lack of Authority.

LANSING, Mich, April 20.-By a
vote OF 10 TO 9, the senate yesterday
afternoon refused to go ahead with
the impeachment proceedings against
Warden Russell OF Marquette, called
for In resolutions adopted by the
Mouse.
The senate's decision was reached
without much argument, after the re-
port OF a special committee had been
read, setting forth that the warden
was not civil officer, but servant
of the board Of control, and that the
proper course for the house would
have been TO ask for Russelps remoy-
al at the hands or that board.
The resolution was drawn by Sena-
tors Miller, White and Taylor, and
closed with a preamble and resolution
as follows:
Whereas the senate is not advised
that the board Of control OF said up
per peninsula prison at Marquette has
been officially apprised of the charges
against said James Russell as warden
OF said prison; nor that any request
has been made to said board OF con-
troll for the removal of said James
Russell for the matters set forth In
bhiu hitiCASo Va AhAhOoNA~-S -
said James Russell and
whereas, Said James Russell, as
warden OF said upper peninsula prison
at Marquette, holds ofhce during the
Measure OF the board OF control there
Of, and can be removed by said board
of control for cause: and
Whereas, Said board OF control or
the members thereof are subject to
removal by the governor OF the state
of Michigan for gross neglect OF duty
or for corrupt conduct In ofice. or
any other malfeasance OF misfeasance
therein; and
whereas, Such power OF removal
as heretofore recited vested respec-
lively In the board of control and In
the governor, constitutes a speedy,
Just, direct and inexpensive method
Of procedure; and
whereas, The proceedings propos-
ed In the case Of James Russell by way
of impeachment before the senate OF
Michigan Is q cumbersome remedy and
win entail very great expense upon
the state Of Michigan; and
Whereas, The power Of the senate
to hear and try the issues involved In
said impeachment proceedings rest
upon the following constitutional. pro-
ceedings: CThe resolution here re-
cites the sections of the constitution
involved.)
"Resolved, BY the senate, that the
warden of the upper peninsula prison
at Marquette, Ii not a civil ofncer
within the meaning OF the constitu-
ton of the state of Michigan, such
that the senate has jurisdiction to try
and remove in impeachment proceed
ings; be II further
Resolved, That the senate declines,
for the reasons heretofore stated, 10
entertain the impeachment presented
by the house Of representative, ~
James Russell, warden Of the upper
peninsula prison, at Marquette
Senator Collins, OF Bay City, was
the principal one to protest against
the adoption Of the report Of resolu-
ton. He pointed out the word shall
in the section of the state constitution
relating to impeachments, and declar-
ed that the senate was not doing Its
sworn duty, II It did not try the
charges presented to II by the house.
Collins said that he intended, what.
ever action the senate took, to be on
hand at the close OF the session.
ready to sit as q court In order TO
protect himself from a charge OF
dereliction of duty. Collins expects
to run again.
The vote was: Against Impeach-
ment--Barnaby, Cartier, Foster,
Fowle, Freeman, James. Kingman.