The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-24
IhaPP IMPEACHMENT TRIAL.
STILL ON: COUNSEL SPAR
OVER TECHNiCALITIES
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Of The case affecting Traps actions as
private citizen, the court adjourned
10 today without ruling On the point
Yesterdays argument concerned the
third ground OF the motion to quash
the articles Of impeachment This para
graph states that the offense alleged
IN the articles-with the exception Of
that in article S, which deals with a
certain pardon-do not constitute
grounds of Impeachment, ana the court
therefore, has no jurisdiction to try
them.
II the motion should be sustained on
this point, article would be all remain
ing Of the articles OF Impeachment
that's all there Is there isn't any
more" And when the articles were be
ing considered by the house of repre-
sentatives, friends Of the prosecution
admitted this article was not supported
by much proof. II everything else were
knocked out of the indictment, it would
not be surprising If the house managers
refused to go 10 trial on this single
accusation. So the ruling Of the court
on the motion TO quash for lack of jur-
isdiction is crucial point in the case
}. d. Lydick presented the argument
for the accused official. He contended
that the offenSes charged--with the ex-
'ception of article s, which will be con-
sidered excepted from all that follows
were neither official acts nor acts which
hfr,ar. /.
tency OF the lieutenant governor TO pro
perly discharge his official duties, and,
therefore, furnished no grounds for
Impeachment. The state constitution
states an official may be impeached
1or wllful neglect of duty, corruption in
office, habitual drunkenness, incom-
potency, or any offense involving moral
turpitude committed while in office. Ly-
dick said the first four grounds clearly
related solely to official duty. If there
were any possible grounds for the
; charges, it would have to be the fifth,
relating to moral turpitude, he asserted.
He construed this to mean moral tur-
: pitude which affects the official duties
or the competency to perform them.
In support of this construction he
reasoned about like this:
The constitutional section setting
! forth the grounds for Impeachment
reads: "Hhe governor and other cleo
! tive state officers" etc. The supreme
court construed tnis to mean the gov
y ernor and other similar elective state
officers. that is, executive officers, con-
sstruing the general words other cleo
tive state officers" in the light OF the
specific word governor" Applying the
same rule to the latter part OF the Sec
ton, the general words ANY offense in
voving moral turpitude while in office"
would be made definite By the specific
words preceding-the meaning of the
clause would depend on the meaning OF
The four foregoing grounds for impeach-
1nent The latter all relate TO the Of
ficers official capacity, 50 the clause
in question-"moral rptude"-should
be construed also TO relate TO the Of
ficers official competency
To furnish proper grounds for i'm
peachment Lydick declared, the articles
should charge Trapp with having done
wrongful public acts or private acts
which affected his ability to discharge
his official duties-they should charge
an abuse OF public trust As things
stand, ne said the prosecution was try
ing 10 make police court out of the
nigh court of Impeachment II the Of
lenses charged were true. Trapp, he
saN should be punished after trial in
the counties where the alleged crimes
occurred.
Ed TIapp." said the attorney, "is
ready to go to trial right now. But If
phere is to be q trial he wants IL TO
be where there is Jurisdiction--where
he can be put behind the bars If found
guilty. He has a right TO say this court
has no jurisdiction TO try him. You
say Trapp committed perjury and en-
bezzlement in Seminole county. You
have Republican officials there, nclud-
ing ! Republican county attorney: why