The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-01-14
come the Nations Fighting the Turks Must
,ull penalty provided by the oonsutu-


/ ton.
"The Senate therefore do order
and Decree" said Senator Bacon,
land it is hereby adJudged that the
respondent, Robert w. Archibald, cir
cult Judge for the United States for
the third judicial circuit, and desig-
mated to serve in the commerce
court, be and he is hereby removed
! from Office, and that he be and is
| hereby forever disqualified to hold
and enjoy any office of honor, trust or
profit under the United States" The
sentence of the Senate became opera
tive at once, and directions were
given that the president and the
House OF Representatives be notified
of the verdict and the punishment i'm
posed.
OF the 10 men who have been inn
organization of the government,
Judge Archibald is the third to be con
victed. and the only one convicted
who appeared to make personal de-
Tense against the charges brought
by the House of Representatives.
Voting on the charges began as
soon as the impeachment court had
been reorganiZed at l o'clock. On
! each of the articles Senator Bacon,
after the secretary had read the
charge to the Senate, put the formal
question: Senator, how say you, is
the respondent, Robert w. Archibald,
guilty or not guilty as charged in this
article?'
As the roll-call proceeded replies
of guilty" came from all parts of the
chamber. Each senator, under the
rule, rose in his seat and gave his
verdict; but, Notwithstanding the sill
ence that prevailed throughout the
chamber, many had to be asked to
repeat their votes to make their re-
plies audible to the secretary. Rob
ert w Archibald, Jr., who sat with
his fathers counsel on the floor of
the Senate, exhibited great feeling
as it became apparent that the vote
was overwhelmingly for conviction.
Senator Root in a statement fled
during the voting in which Senator
Lodge partly concurred, said: Il
have voted that the respondent is
guilty under articles /, 2, 3, 5, and
10, because ! find he used the power
and infueice of his office as Judge
of the court of commerce to secure
fayors of money value for himself
and his friends, from railroad com
panies, some of which were litigants
in his court and all of which were
under the regulations of the inter-
state commerce commission, subject
to the review of the court of COM
merce. | consider this course of con-
duct and each instance of it to be a
high crime and misdemeanor.
have voted not guilty upon the other
articles because, while most of them
involved improper conduct, do not
consider that the acts proved are
high crimes and misdemeanors.
The legal fight before the Senate
was in the hands of seven members
of the House of Representatives as
the prosecutors and Judge Arch
bald's attorneys, who had the person
al advice of Judge Archibald through
out the trial The House managers
and attorneys sat throughout the pro-
ceedings yesterday silent witnesses
10 the Senate decision of the case.
Those who conduct the prosecute on
for the House were Representatives
Clayton of Alabama, Sterling of Illi-
nois, Floyd of Arkansas, Webb of
North Carolina. Davis of West Vir-
ginia, Norris of Nebraska and How
land of Ohio, assisted by Wrisley
Brown of the department of Justice,
who conducted the first investigation
of Judge Archbald's conduct.
At the conclusion of the case yes
terday, Representative Clayton gave
out the following statement: This
is the third successful impeachment
in the history of the United States
In the other cases, Judge Pickering
who was insane, did not appear at all
and Judge Humphreys had cast his
lot with the confederacy and was
within the confederate lines. Today's
result proves the efficiency of the
process provided by the constitution
for the removal of unfaithful officers,
and gives life and vitality to the or
derby method or parchment II also
establishes beyond successful future
dispute that the scope of impeaCh-
ment is not limited TO criminal acts
merely, but the clause fixing the ten
ure of federal Judges to during good
behavior has a broader significance,
in fact, means just what it says. The
appointment of federal judges by the
president and their confirmation by
the Senate is the exercise of a poll
teal power and the unseating of a
judge in the exercise of a political
power by the Senate representing
the states and the people.