The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-31

business or in his office. is an offense
involving moral turpitude before as
well as after conviction. The only liml-
tation is, that ii be committed while in
! office, and there can be no controversy
but what the acts charged against
Trapp were charged to have been com
mitted during his present term of office.
But the Senate Court held that the
articles of impeachment eX7apt article
S. set forth acts which had not yet be-
come offenses. and were not cause for
Impeachment.
Accuses Trapp of Grave 0ffense
Tne Trapp articles themselves show
what the court meant by private acts
not impeachable, The accused was
charged with conspiring with others to
maintain false suit against the
county for more than $4,000, to effect
which ii was charged that the accused
perjured himself in verifying his Pc
tition, swearing in effect that the
amount was due and owing him from
the county, and unpaid, when such were
false and known to be false; AMI in
deceiving the court in the issuance OF
certain funding bonds, and in embezz-
ling certain funding bonds and moneys
which were not returned by him until
the investigation was started and other
| like offenses. Clearly such conSpira-
cies, perjuries and ombezzlements there
charged We're pffenses involving moral
turpitude; but upon the consideration
of motion to strike the articles charg-
ing such conspiracy, perjury and en-
bezzlement as insufficient grounds for
impeachment, the senate court sustain
ed the motion and struck out the ar.
ticles.
Continued Roast on Senate
Under such a rule lieutenant gov
ernor could commit all the non official
crimes in the list from bootlegging to
murder. and conspire with others to pro-
cure them 50 to do and the people OF
the whole state, through the legislature.
could not protect themselves by re-
moving him from office until some
court of some particular county Of the
state in which some such crime should be
committed and in which influential To-.
cal officers might be in conspiracy
with the accused, should succeed, af-
! ter the usual delays in such matters, in
convictns him. This rule subjects the
protection ana rights of the whole state
to the discretion and action of local
officers in some one county Of the state
over whom the state as a whole has no
control; for even the attorney general
cannot prosecute such cases in the first
instance without the direction of the
governor, which direction would not
be given should the governor himself
or his associates be involved. To say
that the sovereignty Of tine whole state
in such important matters is paralyzed
until exercisei by local county officers
IN some one county is proposition so
astounding that we cannot assent to its
correctness.
Besides conviction Of such often
ses would not add to their moral turpi-
1ude; and if they are not Such of.
lenses as are grounds for Impeachment
before conviction. their character would
not be modified or added to by convic.
ton. II is the offense and not the con
| ''NNicii VI H'INtllCt lOi l4lt IIItINt, IlIl
is cause for Impeachment
The offenses being caargel by the
| house of representatives the constitu-
tion provides that the Senate Court of
/ Impeachment shall hear the evidence
and adjuGge whether or not the accused
| be guilty. To hear the evidence and ad.
judge the guilt or innocence Of the ac-
cused is the duty OF the senate as n
court of impeachment. which II NAV
not delegate TO 4 district court ami jury
in some one county in the state. to de-
termine whether or not the senate
should impeach a state officer.
1t IL the offense involving moral tur-
pitude committed while in office and
not conviction Of the cffcnse that con-
stitutes cause Of impeachment. and no
amount of specious reasoning can OBJ
acure so plain a proposition. And # is
equally true that ANY offensc involv.
ing moral turpitude" includes offenses
growing out Of private as well as of.
ficial conduct: and a man dangerous in
his private acts is equally dangerous I'm
his .}ublic acts.
Power Of Acting Governor"
But under the ruling of the court of
impeachment lieutenant governor may
commit, and procure others to commit.
the gravest crimes outside the scope
of his office, and The state as a whole
~ helpless to protect itself. nctwith.
standing that, when the governor Is
absent from the state. the same liou.
tenant governor becomes acting gov
ernor with power to pardon such of
his co-consprators and fellow criminals
as shall have been convicted for their
crimes.
Courts Action indefcnsihic
The weight of authority and all sound
reasoning are against the conclusions
of that court. The entire indefensibility
of that courts conclusion Is obvious
when applied to the case of the Gov
ernor; but the constitution means the
same in both applications: and II pr!-
vatc acts of one officer are not grounds
Of impeachment the private acts Of
another would.not be; FOR the rule is
prcdIcated ON the quality of the ac,
and not the class of tho office.
Governor Has Full Power
The governor Is the chief executive
Of the state, with full power To pardon
anyone convicted Of violating its laws
He Is commander In chief of the mill
tary force OF the state. and may invoke
tina, power without accountability. This
is sufficient to show that Il would he
highly impracticablc, II not altogether
impossible, TO arrest the Goycrnor-and
try him In one of the ordinary courts
OF Justice for an offenso involving NOR
al turpitude committed by him while
In office. TO ascertain whether cr not
the legislature should hnpeaoh him
for such an offcnsr.
The authors ~ the constitution