The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-12-03
commerce Court Jurist is Ae-
cused of Violating
His Oath.
OF the Impeachment Proceed
ings Broughr against the
Federal Judge

16S GnHeQ states SG4aLS gguaS
opened the ninth trial by impeach-
ment within its long history of au
omcer sworn to uphold the consti-
tutieSl and laws of the United States
Robert w. Archibald, judge OF the
commerce court, was summoned to
face the demands of the House OF
Representative that he be inn
peached for high crimes and mis-
demeanos. The House is repre-
sented at the rrial BY seven man
ayers who are acting as prosecutors,
among them being Representatives
Davis, of West virginia, and How
land. OF Ohio. Judge Archibald is
represented by a formidable array
OF counsel
The charge against Judge Arch
bald arose in cOnnection with pr
yate and official acts both as a judge
OF The court of commerce and as a
Uaited states district judge for
middle Pennsylvania. re was inn
peached by the House Of Representa-
tires after a fuu Investigation OF
the facts by the department of JUS
tice. and extended hearings fesore
the House judieiary committee
The managers appointed by the
House to prosecute the case before
the senate asked for an immediate
trial Last August but the Senate de-
clined to hasten its consideration
of the case During the last week
scores OF subpoenas were issued
for witnesses who will be brought
before the Senate by the House
managers and by Judge ApehbaId's
attorneys in connection with the
trial.
After the House committee on
judiciary had concluded its hearings
last spring it recommended that
Judge Archibald be called before tho
Senate under impeachment proceed-
ings. Tn last time the House had
exercised it's impeachment powers
was in 1904 when Judge Swane,
United states judge for the Northern
District of Florida, was called TO
account Tor misconduct a1ad was
acquitted by the Senate. The House
of Representatives on July II, 1912,
adopted articles Of Impeachment by
vote of 222 to 1 and committee
headed by Representative Clayton
of Ala bama. was chosen to act as
the manager on the part of the
House to try the case before the
The House urged the Sen
ate to grant an immediate trial but
that body declined to hear the case
before the end of the last session.
Thirteen separate articles constt-
tute the basis for the Impeachment
trial. These embrace dealings be-
tween Judge Archibald and railroad
officials and others n regard to
coal or ''culm" dumps
and coal lands: contributions by at
to7neys and others to the judges
vacation trip to Europe in 1910; re-
puted secret correspondence by the
Judge with railroad attorney con
corning a pending case; and alleged
attempts to have notes payable to
Judge Archibald discounted by at
torneys and Iitigs1ats before his
IN presenting the case to the
House. Representative Clayton said
that tae judiciary committee was Of
the opinion that Judge Archbalds
sense OF moral responsibility had
become. deadened'' s.7d that he had
.prostituted his high once for per-
sonaI profit" The principal charge
grew out OF the Katydid Culm Bank
deal. In this charge it was asserted
that while the Erie Railroad Com
pany had pending before the COM
merce court two suits, Judge Arch
bald, corruptIy taking advantage OF
his omcial position, induced the Of
aciaIs OF the Hillside Coal and iron
Company and of the Erie railroad
which owned that company, to agree
TO sell the coal company's interest m
the Katydid dump to Judge Arch
bald and Edward ]. Williams.
In his answer Judge Archibald de-
MED that he had acted cOrruptly,
or had taken advantage Of his posi-
ton. His attorneys took the posi-
ton that it was not a crime Tor a
federal judge to become intersted in
an attempt to purchase property
from one who was or might become
6Co1fi61ed On page tF6.S