The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1913-01-14

had corruptly influenced them to agree
to give him a favorable option on the
Katydid culm bank.
The second charge was not sus-
tanned, the vote against Judge Arch
bald. 46 to 25, being short of the
necessary two-thirds.
On the third charge, involving the
use of the Influence with the I.ehigh
railroad to force it to relinorish a
lease on Packer No. g." a coal prop
erty, which Judge Archibald wished to
secure, the accused jurist was con-
victed by q vote of so to IL. Senators
Brandegee, CLARK of Wyoming, Crane,
| Smooth, Stephenson and Thornton.
who voted guilty" on the first arti-
Gle, voted mot guilty. on this charge.
Another verdict of guilty came on
the fourth charge that Judge Archibald
wrongfully had written to Helm Bruce,
an attorney for the Louisville & Nash
vile railroad, to secure his assistance
in preparing a decision in a case then
before the court. The vote
on this charge was So to 20.
On the fifth charge, that he cor
ruptlyt influenced officials of the Read
ing railroad to grant coal land leases
to Frederick Warnke. and had received
compensation for this service, Judge
Archibald received the support of but
six senators. Burnham. Catron, Clark
of Wyoming. Oliver of PENNSYLVANIA,
Paynter and Penrose. He was con-
victed, Sc to G, in this article.
On the last article of impeachment,
alleging that Judge Archibald had
sought credit from attorneys and Iiti-
giants before him, and had carried on
a general business in coal land specu-
%lations, many senators asked to be ex-
cused from voting, declaring that the
charges were so general they could not
conscientiously vote either way. The
final vote resulted in conviction on
this article also, AZ to 20.
Judge Archibald received maiorities
in his favor on seven of the charges
against him, besides the acauittal on
the second article where the two
thirds vote against him was not OBJ
tanned.
On the charge that he wrongfully
had accepted a purse of $500 raised
among Scranton attorneys, the vote
was 60 (not guilty. and l (guilty), the
single vote being cast by Senator
Ashurst of Arizona.
Although no debate was permitted
in tie progress of the voting, many
senator's asked to be excused from
voting on certain charges because they
did not believe the senate had author
ity to take up acts committed by
Judge A"chbald before he was APP
pointed to the court: or be-
cause they believed the acts that might
he characterized as '~misbehavior''
were not such as To constitute high
crimes and misdemeanors involving
the extreme penalty of the constitu-
ton.
At the conclusion of, the case today,
Representative Clayton, one of the
seven members of the house who con-
Quoted the prosecution of the case,
gave out the following statements:
This is the third successful i'm
parchment in the history of the United
States. In the other cases Judge Pick
ering, who was insane, did not appeal
at all, and Judge Humphreys had cas-,
his lot with the confederacy and wa:
within the confederate lines.
'Today's result proves the efficienc,
of the process provided by the consti'
tuition for the removal of unfaithfu
officers and gives life and vitality t,
the orderly method of impeachment. |
also establishes beyond successful flu
tGre dispute that the cop of impeach
ment is not limited to criminal act
merely, but that the clause fixing tn,
| -, q H. Jt
good behavior has a broader signifi
n and, in fact, means just what j
says. The appointment Of fedora
Judges by the president and their con
firmation by the senate is the exercis,
of a political power and the unseat
ing of a judge is the exercise of
political power by the senators rep
r%csenting the states n The people"
The impeachment proceeding
against Judge Archibald were starte'
early in 1912. The house of repre-
sentatives called upon President TAT
for a copy of the charges against tn
judge and in May, 1912, it began a
: Investigation through the judiciar
committee. which ended in the recon
mendations that Judge Archibald b
/, impeachcd.
The house voted to impeach Tudg
, t,rchbald July 7 n the Impeachment
was laid before the senate July Is TIL
trial did not begin until Dec. 2.
> The Charges.
Briefly stated, the 10 charge
brought against Judge Archibald were
!, First-That he influenced officers o
the Erie railroad, then a litigant j
his court, to grant him a favorable op
ton on it's share of the Katydid culr
, bank near Scranton, Pa. Judge Arch
:, bald acknowledged his part in the ne
, gotiations, but denied he "wilfully o
, unlawfully, or corruptly Or otherwise
, took any advantage of his official pc
j., sition' to Influence the railroad Off
Gals.
Second-That he attempted to effec
a settlement between the Marion Goa