Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-01-14
ARCHIBALD GUILTY.
Continued from Page one.)


Continued from Page One.)
Lodge, McCumber, Mclean, Martin
MARITIME, Myers, Nelson. Newlands.
OGerman, owen. Page, Perkins, Per-
ky. Poindexter, Pomerene. Reed, Rich
ardson, Root. Sanders, Shively, Sim
mons. Smith of Georgia, Smith of
Maryland, Smith of Arizona, Smoot,
Stephenson. Stone. Sutherland, swan
son. Thornton, Tillman. Townsend,
Warren, Wetmore. Williams, Works.
Against onvietion-Burton, Catron,
Oliver, Paynter and Penrose.
Absent or not Voting-Baeon, Brad
ley, Briggs, Chiffon. Dillingham;, Fall,
Gamble Gardner. Guggenheim, Heis-
keH (Ark.), jackson, Johnson of Al
ALBANIA. Johnston of Texas. Kern, Lea.
Massey, Overman, Percy, Smith of
South Carolina. Smith of Michigan and
Watson.
The second charge was not sustained.
the vote against Judge Archibald AZ
to %. being two short of the necessary
two thirds. on the third charge. in
velving the use of influence with the
Lehigh Valley railroad to force it to
relinquish a lease on Packer No. 3, -
a coal property which Judge Arch
bald wanted to secure, the accused
jurist was convicted by a vote of SO
to Ii. Senators Brandegee, Clark,
Wyo., Crane, Smoot. Stephenson and
Thornton, who had voted Guilty on
the first article. voted Not guilty on
this charge.
Another verdict of Guilty" came on
the fourth charge that Judge Archibald
had wrengfully written TO Helm Bruce,
an attorney for the Louisville & Nash
vile Railroad, to secure his assist
anee in preparing a decision in case
then before the commerce court. The
vote on this charge was 81 to 20 Add
tional senator's who voted Not guilty
on this charge were: Burton, Cullom,
Du Pont. Gailinger, Lippitt, McCum-
er, Root, Sutherland, Swanson, War
rem and Wetmore: while Senator
Thornton voted Guilty"
On the fifth charge, that he had cor
ruptly Influenced officials of the Readin2
Railroad to grant a coal land lease to
Frederick Warke, and had received com
pensation for this service, Judge Arch
bald received the support of but six sen
ators-Burnham, Catron, Clark, Wyo
Oliver, Painter ,and Penrose. He was
convicted Sc to on this article
on the last article of impeachment, al
leging that Judge Archibald had sought
credit from attorneys and litigants be
fore him, and had carried on genera
business in coal land speculations, many
senators asked to be excused from vot
ing, declaring the charges We're so gen
eral they could not conscientiously vot'
either way. The final vote resulted il
conviction on this. article also, AZ to ~.
Judge Archibald received majorities II
his favor on seven of the charges agains
him, besides the acquittal on the secon'
article, where the two-thirds vote agains
him was not obtained. On the chars
that he had wrongfully accepted purs
of $500 raised among Scranton attorney
the vote was 60 mot guilty and on
guilty the single vote being cast b.
Senator Ashhurst of New Mexico.
Although no debate was permitted dur
| ing the progress of the voting many sen
ators asked to be excused from voting OF
certain charges, because they did not be
lieve the Senate had autharity to tax
| up acts committed by Judge Archibald be
fore he was appointed to the commerce
court; or because they believed the act
| that might be characterized as "misbe
havior' were not such as to constitut
| thigh crimes and misdemeanors,' involv
| ing the extreme penalty of the constitu
| ton.
L tor n
| ing the voting in which Senator Lodg
of Massachusetts partly concurred, said
II have voted that the respondent
guilty under Articles I, 2, 3, 5, 6 and j
| because find he used the power and In
| liuence of his office as judge of Court {
| Commerce to secure favors of none
value for himself and his friends, fror
railroad companies, some of which wer
( litigants in his court, and all of whic
/ We're under the regulations of the Inter
| state Commerce Commission, subject [
/ the review of the court of commerce.
/ 81 consider this course of conduct an
| each instance of it to be high Grim
and misdemeanor. I have voted not gui
ty upon the other articles because Will
most of them involved improper conduc
| 10 HOT coisiuefs tnstl tiie acts prove
are high crimes and misdemeanors."
| The legal fight before the Senate was
the hands of seven members of the Hous
| of Representatives, as the prosecutor
and Judge Archbaid's attorneys who ha
| the personal advice of Judge Archbal
throughout the trial. The House man
ayers and attorneys sat throughout tn
| proceedings, today, silent witnesses
the Senate decision OF the case. Thos