Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-01-16
ARCHIBALD FOUND GUILTY
AND STRIPPED OF OFFICE
Judge Forever Disqualified from Positions of
Public Honor or Public Trust by Decision of
the United States Senate.

| Clark OF Wyoming oliver, Paynter
and Penrose. He was convicted sc to
6 on this article.
On the last article Of Impeachment
alleging that Judge Archibald had
sought credit from attorneys and
litgants before him and had carried
on general business in coal land
speculation many senators asked to
be excused from voting declaring 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 acquittal on the second
article, where the two-thirds vote against
him was not obtained On the charge that
he had wrongfully accepted a purse of
s5oo raised among Scranton attorneys the
vote was 65 mot guilty" and one guilty"
the single vote being cast by Senator
Ashurst OF Arizona.
MANY SENATORS ARE EXCUSED.
Many senators asked to be excused
from voting on certain charges, because
they did not believe the Senate had au-
Archibald before he was appointed to the
commerce court; or because they believed
the acts that might be chara cterized as
'misbehavior" were not such as to con-
stitute high crimes and misdemeanors."
involving the extreme penalty Of the con-
stitution.
senator Root in statement filed dur
Ing the voting in which Senator Lodge
Satt t1,rD =.
II have voted that the respondent is
guilty under articles l. 2 3. 5. 6 and 10.
because find that he used the power and
influence OF his office a s Judge Of the court
of commerce to secure -nvors of money
value for himself and his friends from
railroad companies. some of which were
litisants in his court. and all of which
were under the regulations Of the inter
state commerce commission, subject 20
the review of the court of commerce.
Il consider this course of conduct
and each instance of ii to be n high
crime and misdemeanor. nave votcl
not guilty upon the other articles be-
cause, while most Of them involved
| improper conduct, / do not consider
that the acts proved are high crimes
and misdemeanors."
PROSECUTORS SILENT WITNESSES.
| The legal fight before the Senate
was in the hands of seven members
! of the House OF Representatives., as
tne prosecutors, and Judge Archbald's
attorneys, who had the personal ad-
/ vice of Judge Archibald throughout
tho trial. The House managers and
attorneys sat throughout the procee l.
/ inRs to-day. silent witnesses to the
Senate decision of the case. Those
VINO conducted the prosecution for the
/ House were Representatives clayton
of Alabama. Sterling of Illinois, Floyd
/ of Arkansas. Webb OF North Carolina,
Davis of West Virginia. Norris of
Nebraska, and Rowland of ohio, as
sisted by Wrisley Brown of the de-
partment of justice who conducted
the first investigation of Judge Arch
bald's conduct.
At the conclusion Of the case to-
day, Representative Clayton gave out
the following statement:
"ro-day's result proves the efficiency
Of the process provided by the constitu-
ton for the removal OF unfaithful Off
! GERS and gives life and vitality to the
orderly method of Impeachment. 1t also
establishes beyond successful future dis
pute that the scope of Impeachment is
! not limited to criminal acts merely but
! that the clause fixing the tenure of fed
| cral Judges to during good behavior has
| broader significance, In fact. means
, Just what it says. The appointment OF
federal Judges by the President and their
confirmation by the Senate is the exercise
OF a political power and the unseating
OF a judge is the exercise of a political'
power by the Senate representing the
States and the people
CASE STARTED IN 1872
The impeachment proceedings against
Judge Archibald were started early in
1912 when complaint was made to the
| interstate commerce commission and
| later to Attorney General Wickersham
and President Taft, that Judge Archibald
! had been concerned in influencing rail
road to grant him certain favors in con-
nection with coal land deals, and the
settlements Of cases involving coal prop
critics.
The House voted to impeach Judge
Archibald July : and the Impeachment
was laid before the Senate July 10. The
trial did not begin, however until De-
cember ..