Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-01-08
In Judge ArChbaId's Action
In |, & N. Case.
Says Had Perfect Right to Con-
suit with Railroads Attorney.
Testimony All in..Three Days to Be
- Given to Arguments.

Washington. Jan. THE impro-
priety of federal judge writing to
an attorney on one side of a case that
had been argued before him for in
formation or argument to clear W
doubtful points, became the point
around which members of the Sen
ate, today, fired question after ques-
ton at Judge Robert w. Archibald of
the United States commerce court,
now under trial by Impeachment for
alleged violation of his federal oath.
Cross examination of the accused
jurist, begun by Representative Ster-
ling, was virtually taken out of his
hands when that charge was reached
involving Judge Archbald's CORE
spondenee with Attorney Telm Bruce
Of the Louisville & Nashville Rail
road. Members of the Senate de-
manded of Judge Archibald time and
again whether he did not think il
improper and unfair to the other par
ties i'm a suit to request of one at
torney an explanation or correction
of evidence, without giving like priv
ilege to the other side. He insisted
he thought there was nothing improp-
er in his conduct.
Judge Archibald held the witness
stand for nearly four hours. The end
of all testimony in the case came be-
fore the close of the days proceed
ings. There remain now only the clos
ing arguments and the vote of the
Senate as to whether or not Judge
Archibald is guilty of any of the
charges against him. The Senate de-
termined to give three days to the
arguments, the time to be equally di-
vided. 1t is expected at least five
of the House managers will partici-.
pate, opening at / o'clock, tomorrow.
The Louisville & Nashville charge
centered about Judge Archbald's re-
quest of Attorney Bruce for informa-
ton as to a certain point in the So
called Montgomery rate cases, which
has been argued before the commerce
court. Judge Archibald said he had
differed with the balance Of the court
and in writing a dissenting opinion he
asked Mr.. Bruce to Gear up con-
troverted question about whether or
not certain rate changes violated the
old Cooley arbitration" agreement
that had long operated over the
Southwestern rates.
He declared the correspondence be-
came of no consequence because later
the other members Of the court. eX
cept Judge Mack, who took a view
similar to his own and Presiding
Judge Knapp finally wrote an opin-
ion favorable TO the railroad.
WAS 1t not due to Inc arguments
l.
court reversed its earlier position and
gave decision favorable to the Louis
vile & Nashville" asked Representa-
tive Sterling.
absolutely not" said Judge Arch
bald.
Senators Reed. Pomerine, Culberson.
Shively. Nielsen. Hoke Smith and 9TH
ers piled him with questions as TO his
intent and as to the propriety of his
act
why did you not give the attorneys
for the other side a chance to present
their views?" asked Senator Reed.
",I'he point amounted to so little that
it did not affect the decision of the
case" replied Judge Archibald.
You set out, did you not, to write
an opinion in favor Of the railroad and
you wanted Mr.. Bruce to fortify you
in this2" asked Senator Nelson.
No, | don't think What ] did could
he characterized in that way" replied
Judge Archibald.
Why did you not give the Bruce
letters to your associates ON the
bench. asked Senator Culberson.
because they practically did not en-
ter into the case at ALL said Judge
Archibald.
Did You secure Mr.. Bruce's assist
anee in. preparing a dissenting opin-
ion" asked Senator Hoke Smith. and
then bring the other members Of the
court over To your view Without dis
closing the correspondence
No, | reached my decision without
Mr.. Bruces assistance, and wanted his
view on the one point said Judgt
Archibald
When did you decide that this cor
respondence with MI. Bruce was not
material to the decislon?" asked SEN
ator Reed.
IN talking the matter over with
Judge Knapp l saw there was no oc-
caSion to dwell on that point, an
swered Judge Archibald.
He added that it was after it had
been decided that the decision favor
able TO the Louisville x Nashville Road
represented the view Ct the majority
of the commerce court.