High Court

Precisely at 2:00 o'clock one afternoon the assistant doorkeeper of the Senate spoke out in a loud voice, interrupting the deliberations of that body and announcing the arrival in the chamber of nine Representatives. Vice President Dawes immediately ordered that the visitors be assigned seats and then announced, "The Sergeant at Arms will make proclamation."

Thereupon the Sergeant at Arms cried:

"Hear ye! Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Hon. George W. English, judge of the United States Court for the Eastern District of Illinois."

The leader of the visitors, Earl C. Michener of Michigan, began a recital of the facts concerning the appointment by the House of himself and his eight colleagues as "managers" in impeachment proceedings against Judge English, and he read five lengthy articles of impeachment, charging the Judge with arbitrary and abusive acts on the bench and with collusion with one Charles B. Thomas, referee in bankruptcy, for the sake of profit for themselves, their families and friends in the handling of the property of bankrupts. Manager Michener then demanded Judge English's conviction and removal from office for these alleged misdemeanors, and the Vice President ordered that the Senate next day resolve itself into a body for the trial of the Judge.

The next day Senator Cummins administered the following oath to the Vice President:

"I solemnly swear that in all things appertaining to the trial of the impeachment of George W. English I will do impartial justice according to the Constitution and laws, so help me God."

Then Mr. Dawes administered a similar oath to the Senators alphabetically in groups of ten--all except Senator Blease, who fled the chamber, having asked the day before to be excused, since one of the House managers, Fred H. Dominick, had been his former law partner. Mr. Blease had declared:

"We . . . love each other possibly as well as most brothers do. . . . We live in the same hotel. We take many of our meals together. . . ." It was none the less urged that Mr. Blease had to take the oath--which he finally did wot with the "B's" but with the "W's."

Thereupon the Court ordered Judge English to appear before it on May 3. After that the defendant will be allowed time to prepare his answer and the House to make counter answer, and later there will be a trial.

The trial may come this spring or next fall. If this spring, the President may call a special session of the Senate to meet after Congress adjourns. Mr. Cummins suggested this to the Court, and Mr. Borah doubted its legality. Senator Williams of Missouri then asked what court had power to review the Senate's act. To this Mr. Cummins made answer:

"There is none. I do not think Judge English would refuse to depart peaceably in case he is convicted."