Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-07-10
No Evidence of Favors.

"Only two other culm bank transac-
tons are referred to by the committee.
One of them had no connection what
ever with any railroad company. As to
the other, there is no evidence of fayors
asked or favors given, and no evidence
that the transaction, if 1t had been car
ried through. would have been prohtaole
As to these as also with respect to the
proposed purchaser of coal properties
from the Lehigh Valley Coal Company.
the case against Judge Archibald rests
upon the naked proposition that it is an
impeachable mIsdemeanor for federal
judge to have business transactions WITH
litigants or possible litigants in his court.
In another article of impeachment 1t
is charged that Judge Archibald. for a
consideration used his influence to bring
about settlement of litigation which the
Bolands, in various forms, were engaged
in with the Lackawanna Railroad Com
pany.
1t is not claimed in the report of the
committee that there was any direct evil
dence tending to prove that for what ne
did in attempting to bring about this set
Element Judge Archibald was to receive
compensation or was to be benefited in
any way. The committee simply assumes
it to be incredible that Judge Archibald
would help friend to settle litigation
or help lawyer to earn fee unless ne
was paid for it. Mr.. Watson testified
Judge Archibald was not to receive any
part of the compensation which was TO
come to him CWatson).
Judge Archbalds participation in the
attempted settlement of this litigation
was, in fact, due to long friendship for
the Bolands and friendship for and a
desire to help Mr. Watson. and there is
no foundation for the charge that he
was to receive any money or anything
else of value.
Another article of impeachment is
based upon the charge that Judge Arch
bald agreed and consented that the
Observation-Disclosures note above referred
to, Endorsed by him, should be presented
when they were interested in litigation in
his court. When this note was offered
for discount Judge Archibald had no con-
nection with the ease of Peale VS.. Marian
Coal Company. except in everything
demurrer which had been filed by that
company to the complaint and in APP
pointing an examiner to take the testi-
mony. There is nothing in the evidence
to justify the inference that Judge Arch
bald authorized the note to be presented
to the Bolands for discount because they
We're interested. as stockholders in the
Marian Coal Company, in the case in
which that company was defendant.
Explains Archbald's Position.
Judge Archbald's position was that of
an accommodation indorser. The infer
ence of the committee that Judge Arch
bald received. or was to receive, the pro-
ceeds of this note. or any part of such
proceeds, is not justified by anything in
the evidence and is not true in fact.
"In discussing the charge relative to
the correspondence by Judge Archibald
with the attorney of the Louisville and
Nashville Railroad Company, the COM
mittee report entirely ignores the fact
that the attorneys letter correcting the
testimony of a witness in the case was
pasted into the record obviously by
Judge Archbald) for all the world to see
and the written opinion afterWard rem
dered by Judge Archibald assumes that
the testimony was correct as it originally
stood.
New charges appear In the articles Of
impeachme which We're not developed
by the testimony before the committee.
For example, it is made ground of i'm
parchment that Judge Archibald took a
trip TO Europe at the expense OF Mr..
Henry w. Cannon, who had large cOrpO-
rate connections. The committee says
it is claimed that Mr.. Cannon is a dis
tant relative of Judge Archbald's wife.
THE slightest investigation would have
Archbald's first cousin and that the oc-
casion and object of the trip was the
making of visit. at Mr.. Cannon's re-
quest, at his residence in Florence,
Italy"