The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-07-09
Republicans Wish to Post
pone the Archibald Fight
Until After Election
HIS CONDUCT WAS
VERY REPREHENSIBLE
Is Accused of Using His Office to
Further His Personal Ends-At-
torneys Contributed 10
Trip to Europe

Washington, July S.-A sharp difference
along political lines has developed in the
Senate over the proposed impeachment of
Judge Robert w. Archibald. of the COM
merce court. Many senator's. including
influential republicans, favor deferring
the trial until after the November elec-
tions. contending that ample time should
be given to preparing the hearing of
the impeachment charges and that many
senators are needed at home to look af-
ter their political fences.
Other senator's, among whom are Sim
mons, Bailey and Reed, all democrats,
urge that Impeachment proceedings are
of such high privilege that they should
be taken up as soon as the House shall
prefer charges. irrespective of the per-
sonal comfort and convenience of sena-
tors.
The thirteen articles of impeachment,
each an accusation, Were presented to the
House today. with the announcement that
their consideration tomorrow would be
demanded. Speaker Clark emphasized the
solemrity of the proceeding by having the
House give undivided attention while the
articles were being read by Representa-
tive Clayton of Alabama, chairman of the
judiciary committee which unanimously
reported them. Mr.. Clayton dwelt on the
gravity of the charges. The committees $
report and resolution calling eor the i'm
peachment were ordered printed without
the voicing of a single objection.
Mr.. Claytons report constitutes the
ninth Impeachment of a judicial or civil
official of the United States since the
foundation of the government and is the
first since the impeachment trial of Judge
Charles Swayne of the northern district
of Florida, who was acquitted on Feb
ruary 27, 1905.
Conduct Reprehensible
1.-THE conduct of this Judge has been ex-
ceeding1y reprehensible and in market
contrast with the high sense of judicial
e and probity that generally char
acterize the federal judiciary" the COM
plittee said in summing up its findings
of misbehaviour in office against Judge
Archibald.
HIS business transactions while q
Judge We're held to unfit him for fur
thar service on the bench. A resolu-
tion was presented impeaching him
and haling him for trial before the
United States Senate.
Your committee is of the opinion
that Judge Archbald's sense of moral
responsibility has become deadened.'
said the report. "He has prostituted
his high office for personal profit. He
has attempted by various transactions
to commercialize his potentiality as
judge. He has shown an overweening
desire to make gainful bargains with
parties having cases before him or
likely to have cases before him. To
accomplish this purpose he has not hes
itated to use his official power and
influence. He has degraded his high
office and has destroyed the confidence
of the public in his judicial integrity.
He has forfeited the condition upon
which he held his commission and
should be removed from office by i'm
peachment
"A judge should be the personifica-
ton of integrity, of honor, and of up
rghtness in his daily walk and conver-
sation4 He should be free and unaf-
fected by any bias born of avarice and
unhampered by pecuniary or other i'm
proper obligations"
Tomorrow Chairman Clayton Will
present resolution designating Chair
man Clayton, Representatives Floyd of
Arkansas, Davis of West Virginia and
Webb of North Carolina, democrats
and Representatives Norris of Ne
braska. Sterling of Illinois and Rowland
of Ohio. republicans, mana gers, to
prosecute the Archibald trial before the
Senate. The report was made the bus
iness for immediate consideration to-
morrow. 1s
The Impeachment charges against
Judge Archibald range from his busi-
ness transactions with actual and pos
sible litigants in his court to a trip to
Europe, which, IT was charged, was
given the judge by Henry w. Cannon,
a railroad magnate of New York. Fa
yoritism to railroad litigant was also
included in the charges and in the thir
teenth count the committee reviewed
and found that Judge Archibald gross
~ abused the proprieties of his said
office of Judge. was guilty Of misbe-
havior and of misdemeanor in office"
Articles of Impeachment
AID epitome of the articles of impeach-
ment follows:
Negotiated with the Erie Railroad
company for the purchase of the Katy
did coal dump for Edward J. Williams,
his business associate. I'm the opinion
of your committee Judge Archbalds S
participation in this transaction. under
all the circumstances, was reprehen-
sible and prejudicial TO the confidence
of tho American people in the federal
judiciary"
Joined with George M. Watson of
Scranton. Pa, in an attempt to sell the
stock of the Marian Coal company to
the Delaware. Lackawanna and West
ern railroad. This company was owned
by the Boland Brothers of Scranton at
that time litigants against the railroad
before the interstate commerce com
mission The committee charged Judge
Archibald figured in the negotiations
''for a valuable consideration"
That Judge Archibald sought to lease
from the Lehigh Valley railroad a culm
bank on the Girard estate coal prop
erty near Shenandoah. Penn. At this
time the railroad was a litimant before
the commerce court and before the in
terstate commerce commission. The
committee said: 1T is the conclusion
of your committee that the officers OF
the coal company Subsidiary re-
linquished the right to operate the said
Culm bank because of the influence ex-
ercised upon them through Judge Arch
bald's position as a member Of the
commerce court.
Helm Bruce Involved
That Judge Archibald sought addition
al evidence from Helm Bruce, attor-
ney for the Louisville and Nashville
railroad, in a case before the commerce
court which had been closed and given
to the judges for decision. Later he
considered a supplemental brief from
Mr.. Bruce. without the knowledge Of