The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-01-14
Judge Archibald
Is Convicted


AS the roll call proceeded sixty-eight
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, moved that the senate go into
executive session. He said that he be-
iieved that a vote on the other counts
might be dispensed with or abridged by
secret elaboration. Senator Culber-
son, of Texas. and Senator Poindexter
objected that the senate could not vote
ON the articles in executive session.
After some discussion Senator Smith
withdrew his motion and the clerk
proceeded to read the second article.
Senator Bacon. who had presided
throughout the impeachment proceed
ings, asked to be excused from all
votes unless his vote was necessary to
decision. On the second count SEN
ator Smith, Of Georgia, also asked to
be excused from voting.
Before the first article of impeach-
mnet was read, Senator Kern, Of In
diana, Senator Dillingham;, of Yer
mont. and Senator Bradley, of Ken
lucky, asked TO be excused from voting
because they had not been present
throughout the trial.
They were excused. Senator Clarke,
Of Arkansas, was excused from voting
on all articles which charged Judge
Archibald with wrongful acts before he
was elevated to the commerce court;
Senator TiIlnnan was excused from
voting on all articles except the first
and Senator Jackson, of Maryland was
excused from voting on all articles.
He entered the senate since the trial
began.
This left the total voting strength
Of the senate IS. on account of alb
sences and vacancies.
HOW THEY VOTED.
The vote was as follows:
For conviction-Ashurst, Bankhead,
Borah, Bourne, Brandegee, Bristow,
Brown, Bryan, Burton, Chamberlain,
Clapp, Clark Of Wyoming, Clarke Of
Arkansas, Crane, Crawford, Culberson,
Cullom, Cumnins, Curtis. Dixon. Du-
pont, Fletcher, Gallinger, Gore, Gronna,
Hitchcock, Johnson of Maine, Jones,
Kenyon, La Toilette, Lippitt, Lodge,
McCumber, Mclean, MARITIME, Myles,
Belson, Newlands, OGorman, Owen.
Page, Perkins, Poindexter, Pomerene,
Reed. Richardson, Root, Sanders, Sim
mons, Shively, Smith of Georgia, Smith
of Maryland, Smith Of Arizona, Smoot,
! Stephenson. Stone. Sutherland, Swan
son, Thornton, Tillman, Townsend,
Warren. Wetmore, Williams, Works.
Against convietion-Rurnham, Ca
| iron, Oliver, Paynter and Penrose.
Absent or not voting--Bacon, Brad
ley, Briggs, Chiffon, Dillingham;, Fall.
49, fao,v. I1fe af
Jackson, Johnston Of Alabama, john
Smith of South Carolina, Smith of
Michigan, and Watson.
STARTED IN 1912.
The impea chnent proceedings against
Judge Archibald were started early in
1912 when complaint was made to the
| Interstate Commerce Commission and
! later to Attorney General Wickersham
! and President Taft that Judge Arch
| bald had been concerned in influencing
| railroads1to grant him certain favors
| in connection with coal land deals and
| the settlement of cases involving coal
properties.
The house OF representatives called
| upon President Taft for a copy Of the
| charges against the commerce court
| Judge, and in May, 1912, it began an
| Investigation, through the judiciary
| committee, which ended in the recon-
mendation that Judge Archibald be i'm
| peached.
Scores of witnesses testified to the
house judiciary committee before il
adopted the articles of impeachment
and the majority Of them again gave
their testimony before the senate dur
ing the trial that has just closed
The house voted to impeach Judge
Archibald July Z, and the Impeachment
| was laid before the senate July 10
The trial did not begin. however, until
| December 2. The charges accused him
| of having used his judicial influence
| to secure favors from railroads that
4 were ntigants or possible htigants be-
| fore him; of having accepted favors
/ from lawyers who practiced in his
| court and of having been guilty OF
! other misconduct as Judge. Judge
! Archibald admitted practically all OF
| the facts as to his negotiations for
culm properties. but in each case he
| maintained that the business negotia-
tons were innocent in themselves and
! that he had not in any way nlisused
his judicial power or rendered himself
! subject to impeachment or indictment
under the law.
| Briefly stated, the thirteen charges
| brought against Judge Archibald were
as follows:
THE CHARGES.
/ First: That he influenced officers of
| the Erie railroad, then a litigant in his
court, to grant him a favorable option
/ on it's share of the Katydid culm dump