The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-08-01

! y y i y 2
ing popular Naturalization to subyert
the legal learning Of the ages to the
whims and fancies and preiudices Of
the hour; and two noted examples
have Just been given the country that
the present process OF impeaching
federal judges is suhciently speedy
and practical 70 satisfy all reason
able demands on the part Oh the
people. y sss.
These examples are the recent Inn
peachment Of Robert w. Archibald,
a federal circuit Judge who was des-
ignated to sit as member OF the
United States Commerce Court. and
the resignation Of G. IL. Hanford,
a district Judge of the state OF
Washington, in anticipation Of i'm.
peachment. 1t is not to be taken
for granted by this. however, that
Judge Archibald is guilty of unfaith.
full or improper conduct, as this ia
Nto be decided by the Senate of the
United States when he is tried by
that body. The point is that he has
been impeached and that he is to he
regularly and duly tried on the
charges that have been preferred
against him; and that the wise pro.
vision Of the law that gives. every
man. whether Judge or plain citizen,
the benefit of a trial, is to be carried
out in9an orderly and impartial
manner.
Those who may have been at
tracted by the novelty of the radical
judicial doctrine may well contrast
this procedure with that which
would be broughtsout by the pro-
posed change. Under the recall
system, neither the Judge under fire
nor the people who must try him
would have the benefit of a full
hearing of all the evidence on both
sides of the case. The jury in such
an instance could not be bound by
rules of evidence, which would elm
mate that testimony not relevant to
the question. The Judge himself
would be placed at great disad-
vantage in preparing his defense; in
fact, it is doubtful whether he could
'have adequate means Of defense.
And, there is grave doubt whether a
ballot box judicial recall could BID
made more speedy than the present
system of impeachment. with the
former time would be required for
a development OF. popular sentiment
in favor OF institutlng a recall. the
circulation of petitions and the hold
ling OF special elections, for which
there would4possibly have to be spe-
cial registrations and additional RED
tape.
Ut must be remembered that IN
Epeachment-is not conclusive Of guilt,
lit would be possible under the recall
system for an honest Judge to be
made victim OF an unpopular de-
cision, though decided in accordance
with the laws as they stand; and it
would be possible for him to be made
victim of inadequate charges, as
/ has been the case in impeachment
cases already held in which acquIt-
/ tails were returned. IAN example is
cited by an exchange in the most eel
ebrated judicial impeachment in the
/ history of the country, that of Judge
Samuel Chase, as associate justice OF
the Supreme Court of the United
States, who was impeached in De
cember, 1904. for high crimes and
misdemeanors and was tried before
i the Senate in the following Febru-
airy.
Aaron Burr was then vice presi-
dent OF the United States and pre-
sided over the Senate in this famous
trial. 'Notz7long afterward he was
placed on trial himself for high
treason bekofe Chief Justice Marshall
sitting as Judge of the United
States Circuit Court in Richmond.
| The Chase impeachment trial be-
gan on February 4 and ended on
March /. 1905, with the aequtttal OF
thas,defendant, There we're seven
ARTICLES OF impeachment and there
was not constitutional majority Of
two-thirdS of the members in sup
port of any one article. The prin-
cipal charge against the defendant
was misconduct upon a trial for
treason and a trial for criminal libel
in which 1t was alleged he had
wrongfully, compelled the jury to
take the law of the case from the
presiding Judge instead of deciding
1.-THE law for themselves. The leading
counsel for Judge Chase was Luther
Martin, then attorney general OF
Maryland and one of the most dis