Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-01-08
.IIIDGE ARCHIBALD
IS CHILLED BY
SENATORS
asked to Explain Why He
Asked Information of L. & N.
Before Writing Decision.

r-,sHINGTON, Jan. S.-Judge Arch
- ,,r6er. Impeachment by the United
yarate. came in for severe
-rrrina by members of the senate when
.o,., the stand in his own behalf as
'.5 ,.s+ witness before that body IN
'-7 80 The arguments, which are
-. No.. m three days, will begin this
...-,oor after which the senate Will
an Tudge Archbald's case.
,-,n~opriety Of a Federal judges
,.rft.ng to an attorney on one sue ot
..so that had been argued before hin'
icf5rnation or argument to clear up
4 -1.,T.,u1 points, became the point
- ,,-'iich members Of the senate
..sl question after question at Judge
A't-.gs, Examination OF the accused
10, haqun hy Representative Sterl-
,ra NJ the house managers con-
,,',+,rg the prosecution, virtually was
4 - any Of his hands when that
hare was reached involving Judge
,~ehbsId's correspondence with Attor-
Helm Bruce, Of the Louisville and
4 Nashville railroad.
Thouqht 1t Not Improper.
4 ,r,.ooa~s Of the senate demanded of
,-.ys Archibald time and again wheth-
.rn. did not think it improper and I'M
,.ir In the other parties in a suit to
II rsa1ssr of one attorney an explanation
Il mp correction OF evidence without Civ
Ing like privileges to the other side.
He insisted he thought there was moth
inc improper In his conduct
I95ge Archibald held the witness
stand for nearly four hours.
The Louisville and Nashville charge
conferred ABOUT Judge Archbald's re-
orast Of Attorney Bruce as to a certain
roIpr in the so-called Montgomery rate
asses which had been argued before
-ta commerce court. Judge Archibald
.ai5 he had differed with the balance
5f the court, and, In writing a dissent
;ng opinion. he asked Mr.. Bruce to
clear No controyerted question about
whether certain rate changes violated
the old Cooley arbitration" agreement.
He declared the correspondence be-
came OF no consequence because later
other members Of the court, except
Judge Mack, took a review similar to
his own, and Presiding Judge Knapp
finally wrote an opinion favorable to
II the railroad
Joke Smith Wants to Know.
WAS Fl not due to the arguments
you got by writing Mr. Bruce that
he court reversed its earlier position
and gave decision favorable to the
Louisville ana Nashville?'' asked Rep
lesentative Sterling.
Absolutely not" said Judge Arch
oa]d
Senators Reeds, Pomerene, Culberson,
Snively Nelson, Hoke Smith and 9TH
sTs piled hin with questions as to his
intent and az TO the propriety of his
act.
Why did you not give the attorneys
ior the other side chance to present
their vie"s?' asked Senator Reed
The point amounted to so little that
Il did not affect the decision Of the
case replied Judge Archibald.
You sci out did you not, to write an
opinion in favor Of the railroads. and
You wanted Mr.. Bruce to fortlfy you in
this. asked Senator Nelson.
No. don't think what / did could be
.aaracterzed IN that way" replied
Judge Archibald.
"Ay ala you not give the Bruce let
.'.s 10 your associates on the bench ?"
asked Senator Culberson.
because they practically did not en-
2. INTO The asse at ALL" said Judge
archibald
Did You secure Mr.. Bruce's assist
'-s7 ID preparing 8 dissenting opinion"
@'Aeo Senator Hoke Smith. land then
''I'g the other members OF the court
2'e 10 your view without disclosing
Inc espondence?"
No. ! reached my decision without
ME- BTuces assistance and wanted his
Archibald.
"heh did You decide that this cor
dependence with Mr.. Bruce was not
hid 'sFial to the decision? ?" asked Sena-
- tor Reed.
IN talking the matter over with
'uuse Knapp, l saw there was no occa-
I'Un 10 dwell on that point" answered
Judge Archibald.
ne added that it was after it had
y. ,'71 decided that the decision favorable
81 oDe Louisville and Nashville road
presented the View of the majority Of
'"e commerce court.