Indianapolis Times, Indianapolis, Marion County, 23 September 1937 — Page 19

1 &

_ of criminal acts, in connection with

* THURSDAY, SEPT. 2,

« Impeachment Efforts;

1937

Aimed Once at Supreme Court J ustice, Defeated

13 Cases Give Badigriund) for Outery Against Hugo Black.

WASHINGTON, Sept. 23.—Since the Constitution of the United States was adopted a century and a half ago, Congress has brought impeachment proceedings just 13 times. . Ten of the cases involved Federal judges—one of them an Associate Justice of the Supreme Court—and in four cases the accused judge was removed from office. One other judge resigned before his impeachment came to trial. All of the other cases resulted in acquittals. This is the background for the outcry recently raised by charges that Hugo Black, newly appointed Associate Justice of the Supreme Court, is a life member of the KuKlux Klan. : Demands for senatorial @ action have been made, in Justice Black’s case. But since his appointment has been confirmed, he may be removed from office only through impeachment proceedings; and the record shows that impeachment proceedings are rarely voted and when voted, rarely sustained.

Jefferson Took Note

The one member of the Supreme Court to face such proceedings was Associate Justice Samuel Chase, a signer of the Declaration of Independence and former member of the Continental Congress, who took his place on the bench in 1796. An outspoken Federalist, he shared in his. party’s bitter opposition fo President Thomas Jefferson, and was so incautious as to air his views in public just when Jefferson was smarting from the famous Marbury vs. Madison decision.

In 1803, while charging a Federal grand jury at Baltimore, Justice Chase went out of his way to deliver a violent anti-Jefferson harangue, declaring that the reforms instituted by Jefferson would destroy all protection to property and liberty and sink the country into “mobocracy.” Jefferson took immediate note of this outburst, ahd suggested to a supporter in Congress that the Justice ought to be impeached. After long deliberation, the House voted impeachment proceedings, and the case came to trial before the Senate on Feb. 9, 1805, with the famous John Randolph of Roanoke acting as chief prosecutor.

Continued to Serve

The mistake of the prosecution, according to historians, lay in their effort to prove Justice Chase guilty

various (cases which he had passed on in his official capacity; the Senate came nearest to convicting him

—

which alleged that his Baltimore speech showed him to be an unfit person to occupy a high judicial position. In the end, the Senate refused to uphold the charges, Justice Chase was acquitted, and he continued to serve on the Supreme Court until his death in 1811. The full list of impeachment cases in American history follows: In 1798 impeachment proceedings were voted against Senator William Blount of Tennessee, who had been detected in a conspiracy with British interest to seize Florida from Spain. Since the Senate had &lready expelled him from its mem-=-bership, it ultimately voted to drop the impeachment on the ground that he was no longer an officer of the United States.

. Mentally Incapable

In 1804, impeachment was voted against John Pickering, U, S.District Judge for New Hampshire. Pickering was vofed mentally incapable ' of discharging his duties and was removed from office. The abortive impeachment of Justice Chase came in the next year. In 1831, proceedings were brought against James H. Peck, U. S. judge for Missouri. He was acquitted. In 1862, charges Were brought against W. H. Humphreys, U. S. judge for Tennessee. The charges were upheld and he was removed from office. In 1868 came the one presidential impeachment in American history —that of President Andrew Johnson. Johnson was acquitted by a margin of one vote and served out his term. : Last One Resigned

In 1876 impeachment proceedings were brought against William Ww. Belknap, Secretary of War in the Grant Cabinet. The Senate voted acquittal on the ground that Belknap was no longer an officer of the United States. In 1905 charges were brought against Charles W. Swayne, U. S. judge for Florida. He was acquitted. In 1913 Robert W. Archbald, Associate Judge of the U. S. Commerce Court, was impeached and removed from office. In 1915, impeachment proceedings | were brought against Alston G. Dayton, U. S. District Judge in West Virginia. The proceedings were dropped. In 1926, proceedings were brought against George W. English, U. S. Judge for eastern Illinois. He resigned before the case could come to trial. In 1933, proceedings. were brought against Harold Louderback, U. 8S. Judge in California. He was acquitted. In 1936, charges were brought against Halsted L. Ritter, U.S. Judge in Florida. He was removed

on the one article of impeachment

from office.

It doesn’t look above as though Associate Justice Hugo Black of the U. S. Supreme Court is having that good time he was determined to seek when the Ku-Klux Klan storm broke about him in Tondon. Accompanied by Mrs. Black, he is grim and apparently unamused by the British capital which he left to board ship secretly

for return to America.

—— *

Believe River Monster May Be G. O.P. Elephant Takinga Bath

NEWPORT, Ark. Sept. 23 (U.P) ~—Many river residents—particularly Negroes—still believe firmly that a sea monster “as big as a box

car” lives in White River bend, despite the recent search by the Chamber

of Commerce's triple-threat deep-sea diver.

Rumore concerning the presence”

of the monster have been ‘ current in White River bottoms for more than 14 years. Any number of Negroes say they have seen the monster and describe it as a “big gray, slimy creature without a scale on it.” :

The supposed monster received wide publicity recently when a group of citizens complained to the state game and fish commission that the monster was gobbling up all the catfish in the river, and implored the state officials to rid the river of the beast.

Dive for Beast

Officials refused, but the Newport Chamber of Commerce, with an eye toward publicity and prospects for commercializing on the monster, hired a deep sea diver from the U. S. Engineers in Memphis. The diver, Charles Brown, descended two days and saw nothing more dangerous than some white perch. At one time spectators whe had paid 25 cents for seats on stumps were sure the monster had

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been routed. Brown's diving suit accidently filled with air and he shot to the surface looking very much like a monster himself.

The diver discontinued the search “when the monster refused to come out and fight like a man.” Brown carried a spear in his under-water hunts. “The .only thing I can think of that it might be,” said Newport's Democratic prosecuting attorney, «js the G. O. P. elephant down there in hiding.”

COMES TO TO

SENATE INQURY

MAY EXTEND TO

KLAN ACTIVITIES)

Civil Liberties Committee Probably Will Probe - Tampa Murder.

WASHINGTON, Sept. 23 (U. P). —The Senate Civil Liberties Com-

| mittee probably will investigate a

Tampa, Fla., murder and flogging case. which may lead to inquiry | into Ku-Klux Klan activities in Florida, it was learned today from a usually reliable source. It was said there is a distinct possibility that committee investigators may decide to use the murder investigation as a peg upon which to hang a study of the Klan's present activities in Florida, = Any such inquiry would constitute the first investigation of the present Klan by a Congressional |- committee. The old Ku-Klux Klan, founded in 1865 as a post-Civil War order, was subjected to Congressional scrutiny in 1872 by the Grant Administration. Ritual Circumvents Ban The upshot of this study was the enactment of various enforcement laws barring Klan members from jury duty. However, the United Press learned from a former Klan member yesterday that a special ritual had been devised circumventing this ban and allowing memfers to conscientiously swear they were not Klansmen while actually retaining membership, : Because of the attention given ihe alleged Klan membership of Justice Hugo L. Black, committee members were reluctant to discuss the scope of the possible Florida inquiry.

However, it was ascertained that strong pressure has ‘been placed upon the Senate group to look into the killing of Joseph Shoemaker and the flogging, tarring and feathering of two of his friends Nov. 30, 1935.

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| ©1937

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