Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-07-10
Says Charge Is Unfounded.

were presented to the President and the
Attorney General he was given no notice
and had no hearing. In the proceedings
before the judiciary committee of the
House of Representatives, he was per-
mitted to be present and to cross-examine
the witnesses produced by the commit
tee, but it was explicitly stated by the
chairman of that committee that the
proceeding was hearing and not a trial.
In the hearings before the committee the
principal charges which had led the
President and the Attorney General to
take action were shown to be utterly
unfounded. When the evidence before
the committee was closed it went into
executive session, and what charges it
might make could not be known to Judge
Archibald or his counsel until they were
formulated and presented to the House.
Judge Archibald. therefore, will have
no opportunity to present his defense
and until he has had hearing there he
asks that public opinion in his case may
be suspended
Phe statement takes up in detail the
principal charges upon which the judi
ciary committees hearings We're held
They are given as follows:
The Charges in Detail.
First, that in suit brought by John
pany, in which the Bolands were large
ly interested. Judge Archibald had over
ruled a demurrer to the complaint filed
by the counsel for the Marian Coal
Company, because the Bolands had re-
fused to discount certain five-hun-
dred-dollar note which Judge Archibald
had Endorsed.
Second, that in the same suit Judge
Archibald at the instigation of the
Iackawanna railroad officials, made al
order directing the Marian Coal Company
to close its testimony in thirty days.
Third, that after Judge Archibald had
become member of the Commerce
Court he. at the requests of an otticia
of the Lackawanna Railroad Company
induced District Judge Wilmer, before
whom the case of Peale agt. Marian
Coal Company was then pending, to de-
eide that case in favor of Peale.
Fourth. that through Judge Archibald
Mr.. Seager, one of the counsel of the
Lackawanna Railroad Company, was
given advance information Of the fac,
that the Peale case would be decided
against the Marian Coal Company.
'All these charges, it will be seen. re-
lated to Judge Archbald's official acts ex-
cept the third. and that charged that h,
had corruptly informed another judge ir
the final decision of a case. BY the evil
dence before the judiciary committee oil
the House every one of these charges was
so completely disproved that no reference
| is made TO any one of them in the report
| of the committee or in the articles Of
Impeachment.
| Impeachment on Thirteen Charges
THE committee, however. has recon-
mended the Impeachment of Judge Arch
bald on thirteen other charges. only tw,
of which relate to the performance b,
him of any judicial act, and in neithe
of the two excepted cases is ii charged
that he acted corruptly.
The principal charge preferred by tn
/ judiciary committee related to Judg
| Archbald's connection with the attempte,
purchase from the Hillside Coal and Irol
Company "a subsidiary of the Erie Rail
road Company of its interest in tn
katydid culm dump That Judge Arch
bald was interested in the PROPOSED
| purchase Is not denied. 1t Is not elaine,
by the committee, and We assume 1t will
not be claimed by any one, that the mer
fact that a federal judge is interested il
the attempted purchase of property from
one who is or may be a litigant in hi
court Is criminal offense or is even, il
itself, evidence of a corrupt mind In il
report. the sole ground upon which tn
| committee relies In reaching it's conclu
sion that in this particular case Judg
Archibald acted corruptly is the evidence
as to the value of the Katydid culn
dump. The committee assumes that TIL
interest OF the Hillside company in tn
dump was worth a great deal more thai
Judge Archibald and his associates wer
to pay for it..
The statement then quotes the testi
mony OF Capt. May. manager of the Fri
railroads coal properties, and that o
other witnesses to show that Judge Arch
bald's profit in the Katydid culm bank
had he been able TO sell 1t, would hav