The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-08


| giants against the railroad before the
| interstate commerce commission. me
committee charged Judge Archibald flg-
ured in the negotiations for valu-
! able consideration.
| Article 3.-That Judge Archibald
sought to lease from the Lehigh Val
ley railroad company a culm bank on
| the Girard estate coal property near
| Shenandoah, Pa, at this time the rail-
| road was a htigant before the COM
merce court and before the interstate
| commerce commission. The commit
! tee said:
TT is the conclusion of your commit
tee that the officers of the coal COM
pany Subsidiary relinquished the
| right to operate the said culm bank be-
| cause of the influence exercised upon
| them through Judge Archba1d's posi-
| ton as a member of the commerce
| court"
Article 4-That Judge Archibald
sought additional evidence from Helm
Bruce, attorney for the Louisville and
| Nashville railroad in case before the
commerce court, which had been closed
and given to the judge for decision.
Later he considered a supplemental
brief from Mr.. Bruce without the
knowledge of the attorneys for the in
| terstate commerce commission to meet
| a conclusion reached by another MEM
Der of the court. Judge Archibald wrote
the decision in favor of the railroad.
Unfair and unjust.
I'm the opinion of your committee
this conduct on the part of Judge Arch
| bald was unfair and unjust to the par
ties defendant in this case.
Article 5.-That Judge Archibald used
his judicial influence to get coal lease
from the Philadelphia and Reading coal
company for Frederick Warnke. 1t is
charged that Warnke promised the
judge $500 and later a note for $500 was
discounted for the judge and has not
yet matured.
Article 6.-That Judge Archibald used
his influence to help James r. Dainty,
of Scranton, Pa, purchase coal tract
from the Lehigh Valley railroad while
the Lehigh had a suit before the COM
merce court.
1.-The persistency with which Judge
Archibald sought these business favors
or property concessions from railroads
having litigation, or likely to have liti-
cation before the commerce court indi-
Gates a well defined plan to use his
official position and influence as a
member of such court for financial gain
and profit" said the committee.
Article THAT Judge Archibald fig
ured as a signer and the payee of a
note for 81, 500 by w. w. Reissinger, Of
Scranton. Pa, five days after he had
adjudicated an insurance lawsuit in
which Reissinger was interested and a
beneficiary.
Articles and 9.-That Judge Arch
bald sent Edward ]. Williams to Will
lam P. Boland to discount a note for
$500 signed by John Henry Jones, while
the Bolands were interested in a law
suit before him. Boland would not dis
count the note, which was discounted
in a Scranton bank and never has been
paid.
A Trip to Europe.
Articles 10 and 11.-That in the spring
of 1910 Judge Archibald permitted
Henry w. Cannon of New York to pay
his entire expenses on a pleasure trip
to Europe. Mr. Cannon was at that
time and still is stoekholder and di-
rector in many railroads. TT is
claimed that Cannon is a distant rela-
tive of Judge Archbalds wife," said the
committee, but however this may be
your committee regards it as improper
for a judge to thus obligate himself to
an officer of numerous corporations
likely to become directly or indirectly
involved in litigation before his court"
For the same trip E. w. Searle, clerk
of Judge Archbald's court, collected
$500 from attorneys practicing at that
bar.
Article 12.-Appointed J. B. Wood
ward of Wilkesbarre, Pa, a railroad at
torney, as jury commissioner of his
court. This was calculated to bring
the federal judiciary into "disrepute''
the committee said.
Accompanying the articles OF i'm |
parchment Chairman Clayton pre-
scented a brief to show that the actions
of Judge Archibald described as mis- |
behavior came within the purview of |
the constitutional provision for inn |
parchment which enumerates treason, |
bribery or other high crimes and mis- |
demeanorS."
The penalty provided in successful I'M |
parchment cases is removal from office |
and may include bar from ever holding |
any office of trust or honor again.
History of the Case.
The senate, which tries officials i'm |
peached by the house, has been called !
upon to act an impeachment court |
eight times in the past. One trial was of |
a president, Andrew Johnson, who was !
acquitted; senator. William Blount OF |
Secretary of War William W. Selknap. |
Tennessee, who resigned; an associate |
Justice in the supreme court of the United |
States, Samuel Chase, acquitted, and four /
United States judges, John H. Pickering |
James H. Peck, of Missouri, acquitted; !
West H. Humphreys, of Tennessee, re-
moved from OFFICE, and Charles NJ
Judge Archibald was appointed United |
States Judge for the middle district of |
Pennsylvania by President Mckinley on /
gress. December q. 1901. he was recon-
mended by President Roosevelt. He was
commissioned United States circuit judge |
and assigned to the commerce court by |
President Taft on January 81. 1911 The
proceedings against Judge Archibald be-
gan when the house adopted a resolution
calling on the department of justice for a
report of its investigation OF the judicial
conduct of Judge Archibald. On May 3 |
last President Taft transmitted to the
house the investigation of Interstate Com
Meyer, and of Wrisley Brown,
special attorney for the department of
torney General Wickersham that the
charges be referred to the house. On May