The evening world., 1913-09-24
RULING SHOULD De HELD FOR
FINAL DECISION.

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,,,,,.,a $500,
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| F'NAl OeCiSION.
J II would not even intimate any opln-
ion m tn the merits further than to say
that iir my judgment you cannot charac.
terize either the charges Of the 0bjec-
tons as Of that character. Not only
this. but II has been almost the uni
versal custom so far as know gentle
men. and 80 fur rs my reading and
familiarity with the proceedings by Inn
parchment to decide the question as
! to whether the acts charged were I'M
peachable offenses or not to discuss
with ana submit 1t with the hnal SUP
mission OF the case to the court IN
many OF the cases. the most prominent
the dispute has not been so much as 10
the facts as TO that very question.
In the most momentous prosecution
by Impeachment OF when the po"h
give us any record-that OF the Presi-
dent OF the United States Andrew
johnson. Of courss-the turning point
In that case. at least the dominant
point ip that case, vas the question
whether the removal OF Mr. stanton
was a violation Of the tenure Of OIL
nee act. and whether. If it was
violation OF the tenure OF once act
that ae' was vi was nv
tlonai' 'he uhiioI" eur'e"' VI
thority previous W '"a' ''ne ".,'"s
oeeh 10 inc erect That 'ne rres''e"'
uhder 'he constitution haa an un,'in'
Ned power oi re"'o'"' '"ousn 'ne'e
were required tne co"seh' y. tue sen
ate TO the appointment 10 once ih'
MAJOR part 'he great part OF .he u.su'
ment OF tue aistihsuished couhsei III
'""' '"'" A"' ~ '""'' S"e'
lions.
wow gsnusnsAs tnsre 10 no
subject may say on wnaoh thsre
mas been more aNefsenoe OF
opinion seAA % 70 waes eonsusnss
ana WAN % aos soesosuse I'M
psachaeis essrsss. On shss 0ues-
ton the greesese ssssssmso' sAe
gresssss pabnoasss' tns sfsessss
advocates saa ss4s wfasefs are nos
IN accose' sus many umes oAs.
mssracaa'y opDeeeo one 70 We
other.
Theyefore IL seems 10 me that con
sututes stronR reason LOT the course
: that should be taken.
OPPOSES DECISION OF THE CAST
PiECEMeAl.
There Ia something else to be sal,
too. 1t seems to me not wise to decid
this case piecemaai-to decide one-hal
to-day and one-half next week. 0
course what decision was made to-day
or what was the vote OF any membe
Of this Court to-day, would not b
binding when you come to the iina
determination. but 10 II not wiser Hrs
for US not 70 commit ourselves even I
any extent.
Il 10 not that fear 90 much the
fast Of being inoonststent. The
wtssst men change their opinions,
aAa ~ Q Judge certainly should
not bs Ashamed 70 acknowledge Il II
vas convinced that I vas wrong
ct q later stage Of the case, 70 ac-
kAoVloa4O 1t and 70 vote the other
way, but &c seems to me Il 10 mach
vtsor, that the counsel VAL peocseA
y nuah more easily ~ they feel that
u Ill the members Of the court have
'e IN opsa nind On tbs question.
l. There Ia another reason. too. 1t
Dr. peculiar The Court Of Impeachme...
st when you come 10 the final vote-r'
ID quires vote OF two-thirds. Under I'll
d provisions Of the Penal Code decls!o
II OF this question that has been raise
10 requires only the vote OF the maJorlt,
10 oppose = majority decide that the ar
lcles should be overruled, but the mi
u toritv Rreater than ONE third decid,