South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-10-17

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exchange, were reported also TO have
been decided in favor of the governor
in the secret session by a practically
unanimous vote.
Presiding Judge Edgar NJ. Cullen,
who will shortly retire from the
bench, voted mot guilty" on every ar
ticle and rendered a long opinion in
explaining his votes. The other
eight judges of the court of appeals
were divided. On articles one and
two Judges Willard Bartlett, Emory
A Chase and VIM. r. Warner voted
for the governor and against him vot-
ed Judges Frederick Collin, VIM. II.
Cuddeback. John w. Hogan. Frank II.
Hiscock and Nathan L. Miller, making
a division among them of five TO four
against the governor.
on article four Judges Bartlett.
Chase and Warner changed their
votes from mot guilty" 10 guilty"
and Judges Hiscock and Miller
changed from guilty" TO mot gull
ty" making against him a division of
six to three.
Presiding Judge Cullen held that
the offenses charged in articles one
and two were not Improbable and
that the governor neither falsified his
statement under the provisions Of the
election law nor committed Legal
perjury"
The rule here contended for" he
said. amounts in reality to an eX-
post factO disqualification from Of
flee for an offense which had no such
penalty when committed, without af-
fording an opportunity to show either
repentance or atOUement. Men have
committed serious crimes even felon-
les. and subsequently attained high
public position"
Explain Their Votes.
Practically every member of the
court explained his vote on article
one although those who voted in IA
vOT of the governor did not enter at
length into a discussion of the merits
of the case or the matters of law or
precedent involved as did the others,
including all the judges The latter
filed with the court lengthy opinions
in support Of their votes.
One of the judges. Nathan L. Miller
who was designated to the court of
appeals bench by SulZer. denounced
him as totally unfi, for office"
Several of the senator's also took
occasion to express harsh opinions of
SulEer. Sen. Sage declared that the
$40 600 contribution Of Thomas f. Ry
an was given to the governor because
he was useful in congress and 'as
a retainer for services to be rendered
in his new position"
Sen. Wagner democratic leader of
~
inOn in which he sought TO refute the
contention that the Offenses charged
in articles one and two were not inn
peachable because they are acts COM
mitted before the governor took Of
flee
Gives Lengthy Opinion.
Sen. ElOn X. Brown. republican
leader. read similar lengthy opinion
in which he defended his vote in con
nection with the fact that he had
been politically opposed TO the gov
1rnor
1T has been my duty during the
present administration" he said, Ito
lead the opposition in the senate and
at times there has been sharp con
fIicts ON more than one occasion /
was indignant at the governors Ian
guage and acts but the constitution
imposes the duty upon the members
OF this court without regard TO pre-
vious bias. What man is so petty. be
he a member of this court or not. that
he can stand singly in this presence
and after taking a solemn oath 10 do
Justice and hearing the evidence, vote
out Of revenge or prejudice or
hate2'
Sens. Wende and Duhamel staunch
supporters of the governor ever since
he was impeached. spoke briefly.
Sen. Duhamel announced that he
mlghN lille a statement OF MS poSlNlou
lat some future day.
Sen. Frawley. chairman OF the
legislative investigating committee.
which first brought the charges
against the governor, announced that
he would attempt Ito pass no opinion
as 10 the rights OF the court TO inn
peach or not.
Z find that the high court of ap-
peals are divided upon the question of
Impeachment themselves he said.
Therefore. on the facts, I cast my
vote guilty