Evening star., 1926-04-27

The air is full Of fearful word.
Impeachment"
The House Of Representatives has
presented to the Senate charges OF
impeachment against a Federal
Judge, and three committees are IN
the midst of seeking evidence on
which it is proposed to bring charges
against other officials high in re-
sponsibilities.
What Is impeachment? If the
officials have committed high
crimes and misdemeanors." why are
they not prosecuted in the courts?
What laws have they violated?
The answer is that perhaps they
have violated no statutes Whatever,
yet may be subject to trial and pen
alties more severe than any attached
to statutory law. There are pro-
visions in the Constitution prohibit
ing ex post facto laws, yet provid-
ing directly for the penaliZing of
officials who, without prohibitory
statutes, have committed high crimes
and misdemeanors."
The accused are entitled TO the
customary assumption of innocence
of the charges until, and unless. con-
victed, hence 1t is only to discuss
the principle of impeachments in
general that this column is ad-
dressed.
In the history of the United States
under the Constitution, there have
been the following impeachment
cases:
William Blount. Senator from
Tennessee. acquitted, 1898.
John Pickering. judge of District
Court. convicted, 1903.
Samuel Chase. justice Of the
United States Supreme Court.
acquitted. 1906.
James H. Peck. judge of District
Court. acquitted. 1881.
West H. Humphreys, Judge Of Dis.
trict Court, convicted. 1862.
Andrew Johnson, President Of the
United States, acquitted, 1868.
William Belknap, Secretary of War,
acquitted, 1876.
Charles Swayne. Judge of District
Court, acquitted, 1905.
Robert w. Archibald, judge of
Commerce Court. convicted. 1918.
With only nine previous impeach-
ment charges in 1877 years, and only
three convictions since the Govern
ment was founded, 1t Is sufficiently
unusual to find two or more such
cases simultaneously under considera-
ton Of Congress today. No previous
Congress has ever had two impeach-
ments to try.
In all cases, the defense has sought
to restrict the impeachment power to
the narrow limits Of technicalities,
arguing that the offenses did not con-
stitute "high crimes and misdemean-
ors," or that the acts were aside from
the duties of the offices held by the
accused. hence not impeachable.
In book, judicial Tenure in the
United States, with Special Referencet to
the Tenure of Federal Judges" writ
| ten by William s. Carpenter, PHI. D.,
of the department of political science.
University Of Wisconsin, the author
says:
"But q great change has been
| wrought in the popular attitude
, toward the impeachment power by
| the recent conviction Of Judge Arch
| bald Of the United States Commerce
| Court. who was removed in 1913.
. The results in this case have
| demonstrated that party lines can
| be swept aside and the technicalities
/! Of pleading rejected where it is sought
| to reach a man wholly unfit for office
| Moreover, the scope of the impeach-
| ing power was revealed as transcend.
| ing the narrow limits imposed by the
results Of the Chase trial. 1t ap-
peared fully competent to protect the
people against unfitness in public Of
F, ficers and became again vigorous
| weapon, as intended by the trainers
| Of the Constitution"
| y X X
| In the case against Judge Archibald
it was found that "he never invested
/ money himself in any of the corrupt
/ daafs h,It used his influence to Sc
| cure favorable terms, in consideration
of which he was to receive a share In
the profits" Tis related to freight