New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-14
Judge of Commerce Court Con-
victed on Five of the Thirteen
Charges of Improper Con-
duct Against Him.
IMPOSE EXTREME PENALTY
Not Only Removed from Bench,
but Forever Disqualified to
Hold Any Federal Office
of Honor, Trust
or Profit.
fFrom The Tribune Ruresul

or FRONT.
From The Tribune Bureau
Washington, Jan. 13.-Dismissal from
office and disqualification from ever
again holding an office Of honor, trust
or profit under the United States-the
full penalty for conviction Of impeach-
ment charges-were imposed on Judge
Robert W. Archibald. of the Commerce
Court, by the Senate to-day
Judge Archibald was found guilty OF
the charges presented in five Of the
thirteen articles filed against him BY
the House OF Representatives. The
vote varied from 81 TO for conviction
on the first count TO a narrow two
thirds majority necessary TO convict
on others.
There was also a marked divergence
Of opinion among Senators as to I'M
posing the full penalty. The verdict
for dismissal from Office was unan-
nous, but on the question Of disquali-
flying the judge from holding Office
again the vote was 80 to 80 for the full
penalty. In this case only a majority
vote was necessary, and the order for
the full penalty was entered.
The conviction under Impeachment
charges is the third in the history OF
the United States and the second that
carried with it the full sentence au-
thorized by the Constitution. In ten
OF the thirteen impeachments tried by
tho Senate since the beginning Of the
government the respondents were held
not guilty.
When the Senate went into session
as q court of impeachment to make
its final decision in the case, which had
occupied it's attention since December
3, all OF the Senators except the few
who had been excused from voting
were in their seats and the galleries
were filed. Judge Archibald was not
present. but his son, Robert W. Arch
bald, jr., who has acted with his coun-
sci, was on hand, and Mrs. Archibald,
during the voting on the first count
of the Indictment, sat in the Senat tors
gallery.
Changes in Votes.
AS each Of the articles OF impeach-
inent was read, some charging the
respondent with high crimes and mis-
demeanors in office, others merely re-
citing that he was guilty of misbe-
havior. Senator Bacon, president pro
tempore, put the questions 10 the Sem
ate: Senators, how say you? Is the
respondent, Robert ". Archibald. guilty
OF not guilty of the charge contained In
this article?" The roll was then
called and each Senator replied "Guil-
ty" or "Not guilty"
The vote on the first count, which
charged Judge Archibald with cor
ruptly taking advantage of his Official
position to induce and influence the
officials OF the Erie Railroad TO enter
into a contract with him for the sale
of the katydid culm dump, settled tho
fate Of the accused jurist. Only five
Senators-Burnham, Catron, Oliver.
Paynter and Penrose-voted TO dismiss
the charge. Sixty-five voted for con-
viction. The five Senators who voted
for Archibald on the first call stood By
him TO the end on all the other counts.
Only one Senator, Mr.. Ashurst, voted
for conviction on all of the thirteen
counts.
Three of the five counts on which
Judge Archibald was convicted related
to his part in the acquiring OF options
on culm dumps owned or controlled by
railroads. Another referred TO his cor
respondence with an attorney Of the
Louisville G. Nashville Railroad, rela-
tive to testimony in the case when IL
was under consideration by the Com
merce Court. The remaining count, on
which he was convicted. contained the
general charges OF misbehavior and
The number "13" appeared conspic-
in the proceedings Of the final
day Of the trial. The numbers Of the
first four counts on which Judge Arch
bald was convicted totalled thirteen.
The last count was No. Il, and the
sentence was imposed on January l3,
1913
"Have Done No Wrong" Says Archibald
In a little committee room of the
gallery floor, behind a guarded door.
Judge Archibald and his son, Hugh, sat
while the Senate voted on the charges.
His wife Joined him after the first vote.
After sentence had been imposed.
Judge Archibald and his family left the
Capitol, TO go at once to the family
home in Scranton.
"I have always known that have
done no wrong, and the vote Of no one
makes it otherwise" was the judges
only comment on the Senste's action.
Sentence was imposed by Senator
Bacon, the presiding officer, after tho
Senate had, by vote of 80 to 80. up
held a resolution offered by Senator
Of New York, authorizing
the full penalty provided by the Consti-
tuition. Said Mr.. Bacon:s
The Ssnate thersfore 70 ordsr ..d