The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-05-06
court CRISIS CASE !,
Of JUDGE ARCHIBALD
Fate Of the Commerce Bench and
the Recall Issue May De-
pend on the Verdict.
WILL HASTEN THE INQUIRY
House Committee Already Has
Summoned It's Witnesses
In the Inquiry.
WILL HASTEN THE INQUIRY

the House Judiciary Committee in the
case Of Judge Robert ". Archibald Of the
United States Commerce Court. Not
only will these proceedings involve the
honor and reputation Of a United States
Circuit Judge but they are likely to have
a far reaching effect upon the hfe Of the
United States Commerce Court itself
and upon the judiciary recall issue.
Furthermore. IL the investigation re-
suits in impeachment proceedings the
present session Of Congress may drag
through the entire summer
The Judiciary Committee. which has
been authorized TO determine whether
the charges against Judge Arch ba Id
warrant Impeachment; proceedings. indi-
Gated its intention to-day Of undertaking
the inquiry without delay. Subpenss
already have been issued for all the wit
nesses who may be able TO throw light
road to Edward j.. Williams Of Scra on.
Pa, and Judge Archibald Of culm banks
in Pennsylvania.
ltisunderst God that George r. Brownell.
vice. president of ths Erie Railroad. will
he subppnaed. IL the papers have not
already been served upon him. and that
". p Rowland. president o: the Marion
Coal Company Of Scranton. who o-isi-
nally made the charges against Judge
Archibald and others from the Pennsyl-
vania city. will he callei
Williams has been quoted as saving he
ws. unable to purchase the Erie Railroad
interes, in these culm bank, until he
took Judge Archibald in a. an equa! part
ner after the Judge had had n talk with
Vice -Pies ident Browneli According to
Williams. the Erie then agreed to sell it-
share in he cum banks for 81, 3s,. Other
, interests were purchased by Williams. who
is quoted as saying that he and Judge
Archibald were to have made a profit nf
about $50 900 through the sale of the culm
banks to the IAckswanna and Wyoming
Valley Railroad Companv The trans
! action with this company. however. WAS
not put through because attorneys Cor
the read. according to Williams. were not
! satisfied that he and Judge Archibald
/ were in a position to give y clear title
to the banks
The report Attorney General Wicker
sham made in the case At the request
| Of Pre- ident Taft does not. il is under
stood contain any conclusions. This re-
port " i'll be laid before the judiciary Com &.
| mi,tee on Tuesday. when sub -con,rAit- =
! tee OF two Democrats and one Repub.
| ican will be- appointed to conduct an in.
vest stigation.
! II the fun committee decides the evi-
: Cence warrants impea chment prOceed-
ings Chairman Clayton will be instructed
TO rise on his honor as a member Of tho
| houee and declare that charges have been
! preferred which warrant action h, the
| House The charges would then be en- .
bodied in resolution OF the highest
| privilege. which would have to be passed
by a two-thirds vote Of the House II tho
resolut ion. were passed seven members
would he appointed by the House to prose .
cute the case before the United States
Senate, which sits a. court. Jndgci
| Archibald would be entitled to be repre-.
sented by counse.
the practice in impeachment proceed
ings has been to have the trial by the
, Judge Archibald was appointed TO the
United States Commerce Court upon the
recommendation OF Senator Penrose and
he has other friends in the Senate. They
and his other friends are confident he will
he able to clear himself. though they hope
the House committee will not flnd it neces-
sary to orecommend impe ichment proceed :
ings. Among members of the House. how
ever grave concern Is expressed in
regard to the case.
The effect OF the charges especially
II they result in Impeachment proceedings,
will be fat reaching in regard to the
Commerce Court, which has been under
attack for some time on account Of the
injunctions it has issued holding up the
orders OF the Interstate Commerce Com
mission. The courts restraining order
, in the so-called Intermountain rate cases
raised great protest from the Repub-
lican progressives from the West, who
set up the cry that the Commerce Court
vas exceeding it's Jurisdiction and that
! il had been created for the purpose OF pro-
tecting the railroads gainst the expandina q
powers ~ tho Ip,erstata Covrorc. (,,,,1
;1.;' '''e''e N''"
"hsSo"
| Immediately bills began to appear
in Congress calling for the abolition Of the
court One measure va. introduced hy
S.na,or poird.xtar ~ w..h;n go.
"a nana;,, h.tos. ~. $50. s'on ~s ano
on Interstate Commerce 1t probably
will be reported favorably by a combina-
tion Of Democrats and insurgents.
! A hin ~ III. r,,rnor, i,srod,,.s H..
p.nr......i' np ouuo r oy