The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1927-03-11
WOULD IMPEACH
SEC'Y STEWART
HOUSE VOTES UNANIMOUSLY ON
ARTICLES SUBMITTED BY
COMMTTTEE
Malfeasance and High Crimes Al
legged; Oil Bill is Killed; Supreme
Court Reverses Decision of TOoIe
County Court in Property Action
iron Cur HeIena CorresnondentN

(FrOm Our Helena COrrespOndent,
Without a vote in opposition. the Nom
tana mouse OF representatives impeached
CHARLES T.. Stewart. secretary Of state,
"Of high crimes and eme and
maIfeasance in office" Stewart has beeD
IN office for more than nine years. The
action followed the report Of a sDeciaI
committee which for IL davs had hoo1
hearing witnesses and examining 5ocT-
ments in connection with the various ac-
tivities Of the state department.. Behind
SlOseu 4OOrs with only members of the
house, the chief clerk and sergeant-at-
arms present, the house discussed the re-
port Tor more than two hours. Then the
doors were opened and the resolution Of
impeachment presented. Troy Of HIN
county, passed his vote. Bretzke of VAL
ley and Lowry of FalIOn were absent.
FOrmaI acceptance of the articles by the
senate was Followed by notification t0 fbe
governor and Mr.. Stewart. ME latter tbaD
auComaClcaly was suspended from Office
ana the governor was required to apDoint
or state to serve during the trial or IN
election. general
Trial will follow the answer of Mr..
SCeWart within 10 days or a longer time if
ne asks and the senate grants his request.
AT the conclusion of the present Legislative
session the house adjourned with the SEN
aUeS consent, having first given ifs consent
to the senate's continuation as an i'm
parchment court.
Charges Enumerated
The report, on which impeacbman+ wos
Daseu, signed by Chairman Moss. DelIwo
or Lake and Green of Dawson. the fhrae
MEMBERS of the Investigating committee
decIareS In effect that Stewart. "nndo,
color of official authority" s0uandared
state FUNDS in publication Of constitntionoi
Z amendments in excess of constitutional re,
~quirementS.
/, That he authorized publications that dir
ments. i9quIIe
That he approved for payment "invalit
anu claims exceeding $4,000.
That he failed to conform to the cOnsti
tutlOnaI requirements for publication q
p amendments in 1922.
That he exceeded his authority in usins
= current funds to meet charges which should
: nave been paid out of the general fund.
Graft Is Alleged
e Ihat he had an interest in insurance con
tracts made for the state by himself or b,
. q board Of which he was a member. the
4 he solicited and accepted remuneration out
side his lawful salary for the Performance
q OF ms duties, and that he prOfted person
s ally. by virtue of his official position.
q Ihat he failed, as secretary of the boar
that board.
The special fund referred to is under
stood to be the appropriation for motto
vehicle bureau, which was transferred t
the state prison in December, 1925.
The contracts referred to are understOo
to be those for insurance on state build
q ings and property which were issued b
the state board of examiners. of which tn
n secretary OF state is a member.
Oil Bill Is Killed
g Attorney General FOot's plan to pIaC
the state in a position TO enter the oil II
fning and distribution business was kiIIe
on an adverse committee report.
Upon it's failure to find evidence to SUI
port the decision of the district court fl
Tonic nnVnfu In tho nnffn, % AmA UT,To
against all claimants to certain property
that county, the supreme court reverse
> the decision of the district court and sci
the action back for a new trial. Agnt
. Welch, wife Of Art WEIGH, claimed a hOm
stead as the sole heir Of Hiram J. Rhode
Three other claimants appeared asking
share as the children of a second wife. III
district court decided each was entitled
y One-fOurth interest. The supreme cOu
does not agree that the evidence substal
tiates this view and because of the meag
evidence adduced on vital questions
nc prefer to remand the case for a new trial
~ The First National bank Of Ismay w
NJ justified in applying on their debt a depOS
made in favor Of Elmer and A. c.. Blai
the supreme court says in a decision anirI
ing the judgment of the district court f
Il Custer county. The money which made
v the deposit was the proceeds Of sale
: cattle, which had been mOrtgaged to t
10 Security State bank of MelrOse, Min
d which sued to recover the funds. The ]
% may banks defense was that the mon
was sent them by the cattle buyers f
81 credit to the BARS and that no respOn
% having been made by the BARS to the no
~icatiOn that the money had been depOs
M ed, it was credited to the obligation d
'OO that bank.
k AS members of the state livestock SAL
tary board, Governor Erickson has su
rs. mitted to the senate the names of Bert o
n of Dillon and G. J. Mcnamara of B
ID. Sandy. Mcnamara, one Of the states b
&c, stOckmen, is now a member of the boar
il Orr is a member of the firm of POindext
ID & Orr, said to be the oldest livestock co
Germ in Montana.
Under rules of the senate at this sessiC
IN the governors appointments must wait
. hours before confirmation. A proposal
ne suspend the rules met only with the O
MS lection that the senate would Mace IFS,
a in an embarrassing position were it
tie suspend a rule on it's first test.
a General approval of the appOintmer
were expressed.
ID