The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-03-30

for the people, had the power to act
in such a manner that no court nor
man nor even the accused could ques-
ton.
He said that when the constitution
was framed, twenty-one years ago, the
house was given Impeachment powers,
but that no gift of supremacy was
vested in it to prevent the people, the
courts and the accused from taking
exceptions to its Irregularities in such
actions. He said the congressional
cases cited had no bearing on this
case, as there was not the slightest
similarity
Every impeachment, he declared,
must be originated by a resolution as
the entering wedge before the house
was ready to proceed. He further i'm
sisted that the HOMES statement car
ried its own refutation that the articles
were never adopted by a majority of
the house and that Cowan was never
impeached.
Brother VS.. Brother.
G. A. Bangs, in taking the floor for
the response, stated he regretted that
so early in this trial there had been
displayed a critical spirit because it
might be a forecast of what was COM
ing. He said Chairman Homnes must
have felt he was addressing men of
intelligence. when he cited cases and
showed where the house course OF pro-
cedure was entirely in keeping with
such impeachment technicalities. He
added in his forceful remarks that re-
liable authorities had questioned the
right of the supreme court to go back
of the returns made by the house on
impeachment matters.
"The house says Judge Cowan is
impeached," he declared, ION charges
of habitual drunkenness, crimes, cor
rupt conduct, misdemeanor and mall
feasance in Office"
Simpson Raised Point.
When President Burdick put the
question to vote, Senator Simpson said
he was not ready to decide on so inn
portant a question without independent
thought and query into the matter,
that it was too vital to vote inteli-
gently on at that time. 'If there is
no impeachment before U.S." he said,
1--WE want to know it, so that we will
money, by sitting here further, and If
there is impeachment we want to
know il, so that we can act intelligent
ly on all charges which we are to
hear"
Senator Gunderson moved that the
court go into recess until O'Clock this
afternoon Carried.
This Afternoon.
When the court of impeachment met
this afternoon Lieutenant Governor
Burdick sited section 1907 of the re-
vised codes. which stated that no form
of articles of impeachment could be
excepted to by the senate when such
proceedings reached that body.
Senator Simpson thought there
should be more time for the senator's
to properly consider the matter before
voting intelligently.
Bessessen raised a point of order.
Kennedy seconded Simpsons action
that the senate take more time.
Davis objected to delay.
Simpson thought a little more time
for consideration now would eventually
result in better time being made.
Davis asked what would be the
effect if the. senate turned down the
form of impeachment proceedings.
Simpson thought there would be no
impeachment.
Senator Martin took the same posi-
ton as Simpson.
steele of Renville. wanted to proceed
and made motion to lay the Simp-
son motion on the table, later with
drew that and demanded roll call on
AZ. cSf,,oYcn,, Y1nOffOn
The Simpson motion was then de-
feated by a vote of 40 to Z.
Then Tracy Bangs asked to with
draw his objections.
George Bangs said the house board
of managers would not want to come
before the senate under those circum-
, stances.
The senate then voted unanimously
against the withdrawal Of the OBJ
iections. This overruled the objections
and cleared the decks for the court of
impeachment to proceed with the case.
Defense Demurred to Charges.
Tracy Bangs for the defense then
demurred to charges 8. A. 5, 8, and 8,
which contained matters on the ques-
ton of drunkenness.
The prosecution wanted to vote on
each charge separately.
The defense thought there would
be vote on charge |, but that charges
from 2 and inclusive were SO similar
M senarata vote was necessary.