The Birmingham age-herald., 1913-01-08
JUDGE ARCHIBALD IS
CROSS-EXAM|NED BY
| SENATE MEMBERS
Members Question Him in
Regard to Correspond
ence With Bruce
ARGUMENTS ARE
TO BEGIN TODAY
Three Days Will Be Consumed, to Be
Divided Equally by House and
l Defense-Jurist Defends Ac-
:. tion in Writing Bruce


Washington. January 1.-The improprie-
ty of federal Judges writing an attorney
on one side of a case that had been ar
gued before him, for information or ar
gument to clear up doubtful points. be-
came the point around which members
of the Senate today fired question after
question at Judge Robert w. Archibald of
the United States commerce court. under
trial by impeachment for alleged VIOLA
ton of his federal oath.
I Cross examination of the accused jurist
begun by Representative Sterling one of
the House managers conducting the pros
hands when that charge was reached in
volving Judge ArhebaId's correspondence
with Attorney Helm Bruce OF the Louis
Vile and Nashville railroad Members
of the Senate demanded of Judge Arch
bald time and again whether he did net
think it improper and unfair to the other
parties in suit TO request of one attor-
ney an explanation or correction of evi.
dence without giving like privileges to the
other side. He insisted he thought there
was nothing improper in his conduct.
On Stand Four Hours
Judge Archibald held the witness stand
for nearly four hours. All testimony in
the case now has been given and there
remain only the closing arguments and
TIE vote of the Senate as to whether
Judge Archibald is guilty of any of the
charges against him. The Senate deter
mined to give three days to the argr-
ments, the time to be equally divided. IL
is expected at least five of the House
managers will participate, opening at
o clock tomorrow.
The Louisville and Nashville charge cen
tered about Judge Archbalds request of
Attorney Bruce for information as to a
certain point in the so-called Montgomery
rate cases which had been argued before
the commerce court. Judge Archibald said
he had differed with the balance of the
court and In writing'a a dissenting opinion,
he asked Mr. Brnee 10 clear up con
troverted question about whether certain
rate changes violated the old Cooley ar
bitration" agreement.
He declared the correspondence became
of no consequence because later other
members of the court, except Judge Mack,
/
siding Judge Knapp finally wrote an
opinion favorable to the railroad.
was it not due to the argument you
got by writing Mr.. Bruce that the court
reversed its earlier position and gave a
decision favorable to the Louisville and
Nashville?" asked Representative Ster-
ling
absolutely not" said Judge Archibald
Senators Question Judge
Senator's Reed Pomerene, Culberson
Shively, Nelson, Hoke Smith and Others
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.
1.-The point amounted TO so little that 4
didn't affect the decision of the case" re
piled Judge Archibald.
you set out, did you not, to write m
opinion in favor of the railroad and " 1
wanted Mr.. Bruce to fortify you in this q
asked Senator Nelson.
mo, | don't think what | did could be
characterized in that way" replied Judge
Archibald.
''Why did you not give the Bruce let.
ters to your associates on the bench?'
asked Senator Cuberson.
Because they practically did not enter
into the case at all.' said Judge Arc h.
bald. X
''Did you secure Mr.. Bruce's assistance
i'm preparing a dissenting opinion?" asked
Senator Hoke Smith, ''and then bring the
other members of the court over to your
view without disclosing the correspond
ence?"
"No, reached my decision without Mr.
Bruce's assistance and wanted his view
on the one point said Judge Archibald
when did you decide that this CORE.
spondence with Mr.. Bruce was not ma
terial to the decision?" asked Senator
Reed
'In talking the matter over with Judge
Knapp, I saw there was no occasion r.
dwell on that point" answered Judge
Mchbald.
He added that 1t was after 1t had beer
decided that the decision favorable te
the Louisville and Nashville road repre-
scented the view of the majority of the
commerce court