Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-07-09
IMPEACHMENT Of
JUDGE ARCHIBALD IS
BEGUN IN CONGRESS
Judiciary Committee in Unani-
nous Report Presents to the
House Thirteen Articles of
Impeachment

WASHINGTON. July s.-Chairman
Henry D. Clayton, of the committee on
judiciary today presented to the house
13 articles of impeachment against Judge
Robert w. Archibald, of the United
States court Of commerce. Mr.. Clayton's
report was unanimous from his commit
I tee.
It constitutes the ninth impeachment
of a judicial or civil official of the
United States since the foundation Of the
government and is the first since the
! impeachment trial of Judge Charles
Swayne, of the northern district of Flor
ida, who was acquitted on February ~
! 1905.
THE conduct of this judge has been
exceedingly reprehensible and in marked
contrast with the high sense of judicial
ethics and principle probity that gener-
ally characterize The federal judiciary"
the committee said in summing up its
findings of misbehavior in office against
Judge Archibald.
His business transactions while judge
were held to unfit him for further serv-
/ ice on the bench A resolution was pre-
scented impeaching him and haling him
for trial before tho United States
/ Your committee is of opinion that
Judge Archbald's sense Of moral respon-
NElnlDIN mas D6COAlo ACdNOACN1 S@N 49,
report.
aHe has prostituted his high office for
Inersonal profit He has attempted by
various transactions to commercialize his
uotentiality as Judge. He has shown
! an overweening desire to make gainfui
/ bargains with parties having cases be-
fore him or likely to have cases before
him. To establish this purpose ne mas
not hesitated to use his officlal power
and influence He has degraded MS
high office and has destroyed lne eon
6dence of the public in his judicial integ-
ritv He has forfeited the condition upon
"a hich he holds his commission and shoulo
he removed from office by impeachment
"a fudge should be the personlncation
~ Integrity. of honor, and OF uprlght-
ness in his daily walk and conversation
ne should be free and unaffected py any
has born of avarice and unhampereu
bv pecuniary or other improper oplisa-
tons"
with Chairman Clayton's report was
q. resolution which designated Chairman
CLAYTON. Representatives Floyd OF Ala
kansas: Davis, Of West Virginia ana
webb of North Carolina, Democrats
and Representatives Norris, NEBRASKA;
Sterling. Illinois, and Rowland, Ohio Ke-
pubicans, managers to prosecute the
Archibald trial before the senate.
The impeachment charges against
Judge Archbald range from his.srollsi-
mes transacted with actual ana possl-
bic ntigants in his court to a trip 10
Furope which, il was charged, was CIV
on the Judge by Henry w. Cannon, a
railroad magnate of New York. Favor
itism to a railroad litigant was also In
cluded I'm the charges and in the 18TH
count the committee found that Judge
| Archibald grossly abused the prophet
ties of his said office of judge, was guilty
Of nisbehavior and of misdemeanor In
Office
An epitome of the articles of impeach-
ment follows:
Negotiated with the Erie Railroad COM
pany for the purpose of the Katydid coal
| lump for Edward ]. Williams. his busi-
ness associate.
"Tn the opinion of your committee
Judge Archbald's participation in this
transaction, under all the circumstances,
was reprehensible and prejudiciai to the
confidence of the American people In the
federal judiciary"
Joined with George NJ. Watson, Of
Scranton. Pa, in an attempt to sell the
stock of the Marian Coal company to
the Delaware, Lackawanna and Western
railroad. This company was owned by
the Boland Brothers. OF Scranton. at that
time Etigants against the railroad be-
/ fore the Interstate commerce commission.
The committee charged Judge Archibald
/ figured in the negotiations "for a valuable
consideration"
That Jdge Archibald sought to lease
from the Lehigh Valley Railroad COM
pany a culm bank on the Girard estate
coal property near Shenandoah, Pa.
| At this time the railroad was a liti-
CANT before the commerce court and
before the interstate commerce commits
| sion. The committee said:
| cit is the conclusion of your commit
tee that the oficers of the coal company
] (subsidiary) relinquished the right to
operate the said culm bank because of
the influences exercised upon them
through Judge Archbald's position as
/ a member of the commerce court"
UNFAIR DECISIONS"
That Judge Archibald sought addition
al evidence from Helm Bruce, attorney
/ for the Louisville and Nashville rail-
| road in a case before the commerce
court which had been closed and given
l to the judges for decision. Later he
| considered a supplemental brief from
Mr.. Bruce without the knowledge of the
attorneys for the interstate commerce
commission to meet a conclusion reach
ed by another member of the court
3
| favor of the railroad company. I'm the
1 opinion of your committee this conduct
on the part Of Judge Archibald
was unfair and unjust to the parties
defendant in this case"
! That Judge Archibald used his judicial
| influence to get a coal lease from the
J Philadelphia and Reading Coal company
! for Frederick Warnke. 1t is charged
that warnke promised the Judge $500
and later a note for $500 was discount
ed for the judge and has not yet ma
| tured
That Judge Archibald used his infiu-
ence to- help James r, Daily, of Scran-
ton. purchase a coal tract from the Lee
high Valley Railroad while the Lehigh
had a suit before the commerce court.
The persistency with which Judge
Archibald sought these business favors
or property concessions from railroad
companies having litigation, or likely
TO have litigation, before the commerce
court indicates a well-defined plan to
use official position and influence as a
member of such court for financial gain
and profit" said the committee
That Judge Archibald figured as a
signer and the payee of a note for S2,-
500 by W. W. Reisinger, of Scranton,
Y Pa, FIVE days after he had adjudicated
an insurance lawsuit in which Resin
ger was interested and a beneficiary.
| That Judge Archibald sent Edward j.