The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-04-20
SENATE REFUSES
TO TRY WARDEN
RUSSELL
Prison Warden Is Not \ 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.
tFrom a star Correspondcntn


LANSING, Mich, April 20.-By a
vote OF 10 TO 8. the senate yesterday
afternoon refused to go ahead with
the impeachment proceedings against
Warden Russell OF Marquette, called
for in resolutions adopted by the
house.
The senate's decision was reached
without much argument, after the re-
port of special committee had been
read. setting forth that the warden
was not civil officer, but a servant
of the board OF control, and that the
proper course for the house would
have been to ask for Russell's remov'
al at the hands OF 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
said articles of impeachment OF the
said James Russell and
Whereas, Said James Russell, as
warden Of said upper peninsula prison
at Marquette, holds office during the
pleasure of the board OF control there
Of, and can be removed by said board
Uf 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 office, 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 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 cumbersome remedy and
will entail very great expense upon
the state of Michigan; and
Whereas, The power Of the senate
10 hear and try the issues involved In
said impeachment proceedings rest
upon the following constitutional pro-
ceedings: JThe resolution here re-
cites the sections Of the constitution
involved.)
Resolved, BY the senate, that the
warden Of the upper peninsula prison
at Marquette, Is not a civil oIhcer
within the meaning of the constltu-
ton OF the state of Michigan, such
that the senate has jurisdiction 10 Try
and remove in impeachment proceed
ings: be IL further
Resolved, That the senate declines,
for the reasons heretofore stated 70
entertain the impeachment presented
by the house Of Representatives, ~
james Russell, warden OF the upper
peninsula prison, at Marquette
Senator Collins, OF Bay City, WIS
the principal one to protest against
the adoption of the report OF resoiu
ton. He pointed out the word shali
in the section of the state constitution
relating to impeachments, and deciar-
cd that the senate was not doing It's
sworn duty, II it did not try the
charges presented to 1t by the house.
Collins said that he intended, what
ever action the senate took, to De on
hand at the close OF the session.
ready TO sit as court In order 10
protect himself from charge OF
dereliction OF duty Collins expects
to run again. ,,
The vote was: Against lmpeach'
rnent-Barnaby Cartier, foster'
Fowle, Freeman, James, kingman
Mapes, Miller, Moriarty Newton