Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-01-08
ARCHIBALD SAYS
ALL WAS FAIR
THE ACCUSED COMMERCE. COURT
Judge TESTIFIES IN OWN
BEHALF.
lie DEFENDS HIS ACTION
Impeachment Trial Ncnrlng IN End
-Scuntors Question The
Jurist.

WASHINGTON Jan THE i'm
proprety Of federal judges writing
TO AN attorney on one side OF a case
that had been argued before him for
Information or argument to clear up
doubtful points, became the point
around which members of the senate
today fired question after question at
Judge Robert w. Archibald Of tho
United states commerce court, under
trial by impeachment for alleged yio-
lation Of his federal oath
Senators Are Insistcnt.
Cross examination Of The accused
jurst. begun by Representative Ster-
ling, one of the house managers con-
ductIng the prosecution. virtually was
taken out Of his hands when that
charge was reached involving Judge
Archbald's correspondence with At
torney Helm Bruce of the Louisville
and Nashville railroad Members of
the senate demanded Of Judge Arch
not think 1t improper and unfair to
the other parties in suit to request
Of one attorney an explanation or
correction Of evidence without giving
like privileges to the other side. He
insisted he thought there was moth
Ing improper in his conduct.
All Testimony l. In.
Judge Archibald held the witness
stand for nearly four hours. All tes-
tlmony In the case now has been Civ
en- and there remains only the closing
arguments and the vote of the senate
rs to whether Judge Archibald ia
guilty Of any of the charges against
him.
The Louisville and Nashville charge
centered about Judge Archbald's re-
quest Of Attorney Bruce for informa.
ton as to certain point In the So
called Montgomery rate cases which
had been argued before the commerce
court.
lie declared the correspondence be-
came Of no consequence because later
other members Of the court, except
Judge Mack. took view similar to
his own and Presiding Judge Knapp
finally wrote an opinion favorable to
the railroad.
Senators Grill the Judge.
Senators Reed, Pomerent. Culber-
son, Shlvely. Nelson. Hoke Smith,
and others piled him with questions
as to his intent and as to the proprie-
~ OF his act.
"Why did you not give the attor-
neys for the other side a chance to
present their Views" asked Senator
Reed.
THE point amounted to so little
that It did not affect the decision of
The case" said Judge Archibald.
"You set out. did you not. to write
an opinion in favor OF the railroad
and you wanted Mr. Bruce to fortlfy
YOU In this?" asked Senator Nelson.
mo, ! don't think what I did could
bs Characterized in that way. replied
Judge Archibald
Brought Other Members Over.
why dld you not give the Bruce
letters to your associates on the
bench" asked Senator Culberson.
Because they practically did not
enter into the case at ALL" said Judge
Archibald.
Did you secure Mr.. Bruce's as-
9Istance IN preparing dissenting
oplnion?' asked Senator Hoke Smith,
and then bring the other members
Of the court over TO your view with
ont disclosing the correspondence"
mo, ! reached my decision with
out Mr. Bruces assistance and want
cd his view on one point said Judge
Archibald
He added that It was after It had
had been decided that the decision
favorable 70 the Louisville and Nash
yllle road represented the view " the
majority Of the commerce court.