The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1913-01-16
GUILTY. Is VERDICT
IN ARCHIBALD CASE
Judge Of Commerce Court For
ever Discredited BY Verdict
Of United States Senate.

HA0MNEH
washington. Jan. 14.-"Guflty'' on
ave OF the Is impeachment counts
against him. was the verdict Of the
Senate in the case OF Judge Rob-
ert w. Archibald. Of the commences
court. charged with misuse OF his pow
er as a judge to his personal gain. The
Judge was convicted ON the first, third,
fourth. fifth and 18th charges and ac-
Quilted on the second, sixth, seventh.
eighth, ninth, 10th. 18th and 18th.
on the ninth, 10th, nth and 18th
the senate voted not guilty ana
guilty on the 18th.
This removes him from office.
The vote on the first count was 6S
against Judge Archibald and Ave In
his favor. The Senate then proceeded
to vote on the other ~ articles Of the
Impeachment.
The vote on the first count was as
follows:
For OBSERVATION-DISCLOSURES Bankhead.
Brown. Bryan. Burton. Chamberlain.
Clapp, Clark. of Wyoming; Clarke, Of
Arkansas; Crane. Crawford, Culberson,
Culloin. Cummins. Curtis. Dixon, Du-
pont, Fletcher. Foster. Gallinger. Gore,
Gronna. Hitchcock. Johnson. Of Maine;
Jones, Kenyon. La Toilette, Lippitt,
Lodge, McCumber, Mclean, MARITIME,
Myers, Nelson, Newlands, O'Gorman,
owen, Page, Perkins, Poindexter, Pom
rene. Reed. Richardson. Root. Sanders.
Shively. Simmons. Smith, OF Georgia;
Smith. OF Maryland. Smith, of ART
iona; Smoot. Stephenson, Stone. Suth-
erland. Swanson, Thornton, Tillman,
Townsend, Warren. Welmore. Williams
and Works.
y. Against Conyiction--Burnham. Ca
iron. oliver. Paynter and Penrose.
Will Be Ousted.
The conviction upon the first count
came with an unexpected majority
against Judge Archibald, only two
thirds being necessary for a conviction.
As the roll cali proceeded, senators rose
slowly in their places and pronounced
the word guilty" in low tones.
AS the vote on the first article was
announced, Senator Hoke Smith, OF
Georgia, moyed that the Senate go
into executive session, He said that
he believed n vote Oh the other counts
might be dispensed with or abridged
by secret deliberations. -
Senator Culberson and Senator Poin-
dexter objected that the Senate could
not vote on the articles In executive
session. After some discussion. Smith
withdrew his motion and the clerk
proceeded to read the second article.
Freed On Second Count.
Senator Bacon, who had presided
throughout the Impeachment proceed
ings, asked to be excused from all inn
parchment votes unless his vote waS
necessary to 4 decision. On the sec
Ond vote Senator Smith, of Georgia, all
so asked to, be excused from voting.
Not guilty was the verdict on the
second count. blu conviction was voted
on the third and fourth.
With Judge Archibald as he received
the vote OF the Senate were Mrs. Arch
bald, his son. Hugh Archibald. and Mrs.
Hugh Archibald. The JUDGES wife sat
in the gallery early in the day. but
withdrew before the doors were closed.
Hugh Archibald checked off the SEN
ators as they voted on the first count,
but did not return To the gallery dur
ing the rest Of the voting. Guilty on
the fifth and not guilty on the sixth
were the next yerdicts. Nta ~
The seventh and eighth counts lacked
the ~twO-thirds vote necessary for con-
viction though a 1pajority of the SEN
ators voted guilty" on each. 70
History of Case.
The Impeachment proceedings
against Judge Archibald were started
early In 1912, when complaint was made
to the Interstate FCommerce commits
sion and later to Attorney General
Wiekersham and President Taft that
Judge Archibald had been concerned in
influencing railroads to grant him GER
tain fayors in connection with GER
tain coal lands and the settlement of
cases involving coal properties.
The House OF Representatives called
on President Taft for a copy of the.
charges against the court
Judge. and In May. 1912, 1t began an
investigation through the judiciary
committee. which ended in the recon-
fnendation that Judge Archibald be inn
peached. Score of witnesses testified
TO the House Judiciary committee be-
fore 1t adopted the articles OF impeach-
ment and h majority of them again
gave their testimony before the SEN
ate in the trial that has just closed.
The House voted to impeach Judge
Archibald July Z. 1912. and the impeach-
ment vas laid before the Senate July
Is, 1872. The trial did not begin, how
ever, until December 2, 1912. The
charges accused him of having used
his judicial influence to secure favors
from railroads that were litigants. or
possible Htigants before him. of hav-
ing accepted fayors from lawyers who
practfced in his court and of having
been guilty of other misconduct as, a
Judge. Judge Archibald admitted prac-
tieally all Of the facts as to his nego-
nations for culm properties, but in each
case he maintained that the business
negotiations were innocent in them
selves and that he had not in any
way infused his judicial power or rem
dered Vnself subject to Impeachment
or indiS .mentf under the law.
Resume Of Charges. ~
Briefly stated the charges brought
against Judge Archbald were as folt
lows . " -..Et .
First--That he Influenced Officers OF
the Eric railroad, then a Iitigaut IN
hls court. to grant him a favorable OPP
ton on Its share of the Katydid culm
dump, near Scranton. Pa. Judge Arch
bald acknowledged his part in the ne
negotiations, but denied he .wilfully
or unlawfully or corruptly. or other
Wise took any advantage Of his Of
ncial position TO influence the rail-
road officials, h-% ~.
second-That he attempted to affect
a settlement before the Marion Coal
company OF Scranton. and the Della
ware. Lackawanna and Western rail
road, Of Il case then pending before
the Interstate Commerce commission
on a basis that would have given him
a share or the fee earned by George
". Watson, attorney for the Marion
4 Coal ronnnanV q Ii1pa p A Archibald do