The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-03-28
SENATE DID NOT
OPEN As COURT
OF IMPEACHMENT
Wrangle Over the Appoint.
ment Of Officers Took Up
the Session
ROLL CALL OF THE ABSENT
WAS MADE N THE HOUSE

WAS MAUI IN hE hOUSE
Only Twenty Members Present But
House Will Adjourn From Day to
Day During the Trtal-Army Of
Witnesses aud the Procedure.
IN. d. PAULsON.l
Bismarck, N. D., March 28-The
senate did not organize as high
court Of impeachment today for the
purpose Of trying the impeachment
charges made by the house of rep
resentatives against Judge John F.
Cowan Of the Second judicial district.
Only the preliminary matters were
considered, the senate having become
involved in q debate over the trivial
matter Of the employment of officers.
If the work Of the organization can
be completed this afternoon and the
other preliminary work disposed of,
the opening statement for the prose-
cution will be made tomorrow by At
torney Geo. Bangs. The statement
will be quite lengthy, covering what
the state expects to prove on each of
the eighty charges against Cowan, un-
der which there is q total of ninety
specifications.
One OF the interesting feature Incl
dent to the days proceedings was the
calling of the roll of the house mem
bers with only about twenty members
present. The house will adjourn from
day to day till the trial closes.
Speaker Hanley announced that
since the recess, his rulings has been
questioned with reference to the
Cowan impeachment. He quoted a
telegram from A. C. Kinds Of Wash
ington to the effect that the ruling
was correct.
Army Of Witnesses.
The fact that up to last night a
total Of 1877 subpoenaes had been is
sued by the secretary Of the senate
through instructions from the i'm
peachmeut. managers for witnesses
gives some idea Of the magnitude of
the case that IL being prepared by the
prosecution to present against Cowan.
The witnesses include the sheriffs and
clerks of courts of practically every
county In the Second. judicial district,
as we'll as great many residents of
those districts together with q num-
Der out of the district residents.
All Of these witnesses have been
subpoenaed to appear before the SEN
ate today. However, inasmuch as no
witnesses can be examined today, the
number Of those arriving was not
very great.
Absentees Votes for Cowan.
In the event Of members Of the SEN
the absence of such members is. in
effect, a. vote for Cowan. Under the
impeachment law. vote Of two-thirds
of the membership Of the senate is
necessary to impeach, and that fact
operates to give the impeached jurist
a vote In the event that any members
are absent or excused from doing
duty. :.
Senator Pierce, who has applied for
q leave Of absence, is at the present
time In the Bermuda islands because
Of illness.
Impeachment Laws and Procedure.
Under the Impeachment laws Of the
state It IS provided that the members
of the senate shall receive such COM
pensatlOn as is fixed by the constit,.-
tion for service in regular lesisla-
tive session. Such officers or assist.
ants as may be selected by the court
of impeachment, as the senate will be
known while trying the case, may be
appointed at salary to be deter
mined by the senate.
The defendant has the right to OBJ
ject to the articles of Impeachment
In writing, or he may make an oral
plea Of not guilty. A plea Of not
guilty puts in issue every material
allegation Of the articles and the
specifications hereunder. In this
case there are eight general charges
with total Of over 1875 roll calls. The
defendant may also plead guilty, in
which event the senate mus. enter q
verdict Of impeachment aginst him.
The court Of impeachment has the
right of adjournment from time to
time as it may see fit, and it also has
the powers conferred upon branch
of the legislative assembly, provided
that imprisonments that may be or
dered shall not extend beyond the
time of the dissolution Of the court.
In voting the yeas and nays are
taken on each individual specification
undsr each individual charge. This
oourse of procedure shall be carried
through the entire articles of i'm
peachment. II two-thirds Of the men,
bers elected to the senate concur In
favor of Impeachment on any one
specification the accused must be
convicted, otherwise he shall be &C.
quilted.
II the accused is convicted the sen.
ate must, at such time as it may ap-
point, pronounce judgment in the
form of q resolution entered upon the
journal of the senate. On the adop-
ton Of the resolution by the majority
-