Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-10-20
IMPEACHMENT

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secretary Of state and state auditor OF North Dakota, be
irreached. The Townley press is practically unanimous
On this point. But there is evidence of some waverins as
TO the calling OF an extra session Of the legislature at
which this might be done. These men have given Of
fence 10 the Socialisic powers. and their presence in the
state administration IS no longer desired And when a
state Official becomes unsatisfactory to the Tovriey com
onat!oa 70 effort IS spared to get that officials scalp.
We have had an illustration G. this il connection with
the ofce 0: state superintendent Of public instruction
TIE Tovniey candidate for reelection to this ncsitionswas
sgasly defeated after q campaign il which the Towniey
leaders had put toth every possible effort in behaI: Of
their servant and ally. But the verdict of the people ~as
rot respected. The coa-ts were asked to DO what. the
people had done. The courts not responding recoursei
was had TO tie legislature. which proved more anenable.
and the state superintendent was virtually lesislated out
c. Office
The three officials who have dared to perform their
work il their Own way without reference to what Mt.
Townley wants cannot very well be custed by court ac-
ton. To les:slate their duties away from them. even by
the calling OF an ezra session. presents some Difficult
ties. But impeachment looks easy. Therefore i: is de-
nandei that these nen be inpeached.
The state const:.ution-we still have the remnants Of
one-provides the procedure Necessary for impeachment
The house of Representatives i1apeaches by a majority
vote There Is a tendency sometimes to confuse inpeach-
nent with conviction. and the difference between the
TWO should be kept n mind. Impeachment Is the fling
OF formal charges upon which the accused IS 10 be tried.
The senate tries the case TIE senate IS the court and
the house acts, as it were. in the combined capacity OF
grand jury to de charges and prosecuting attorney to
support the charges in court
There can be no conviction except on the vote Of
twc-thirds o: the senators elected. Tha. means that q
very clear case must be presented. ard that no man eh all
be deprived Q: Office and o. the right to hold Office ua-
less his unatnezs is thoroughly and conyineingly estab-
!shed. Il is difficult to imagine a case in which two
thirds Of the members OF such a body as our state senate
would place such a blot upon tbs reputation OF a public
man without. convincing reasons. The difficulty expert
eaced in securing convictions Is demonstrated By the his
tory OF the subject There have been many inpeach-
ments, but there have been very few convictions
onciais may be :mpeached for habitual drunken.
ness. crimes, corrupt conduct or na!feasance CT mis-
demsanor in Office.
There is probably no expectation OF making a case
against the three officials named fer being addicted te
the flowing bowl In the opinion of many worshippers
OF Mr.. IownIey it is q crime not to obey his orders. Bu
we take II that a crime for which a man may be inpeacht
ed is . technical and statutory crime. one which is e
listed in the laws Of the state. $50 far rs We know non,
Of these men has been convicted Ia court Of any crime
E However. there remain corrupt conduct, malfeasance o.
E fmisdeu,eapor in Once A partisan court could doubt
lies End enough to hang . man under one OF these heads
!. lin impeachment proceedings against these men mucl
e would depend on the character Of the men constituting tn
court, that Il. the state senate. We imagine that if the tes
"A were made it would be found that most Of the senators
y regardless Of heir political alignment, would be foun,
sufficiently aware Of their responsibilities to rule out hys
terieal propaganda and consider fairly whether or no
these msn had acted corruptsy.; and render their verdic
accordingly.
And II . ths. apparently. which had led to a goo
deaf o. me doubt and speculation ~ to whether or not a
- extra sesaton s. to BE- called Efforts TO commit senator
I'll to conviction in advance hare mot yielded satisfactory re
suits. and the To.nley leaders % mot Ike to 90 again,
m unceTtainty.
Again tn Russian Bcashsytst sovsrnnent q reporl
iae pre1te1onA y@