183 Ind. 332 | Ind. | 1915
— This is an original action instituted by the Attorney-General by filing in this court an information in the name of the State alleging the conviction of the defendant of high crimes and corruption and asking judgment that he be removed from the office of judge of the Yigo Circuit Court, which court constitutes the 43d judicial circuit of this State, and that he be disfranchised and rendered ineligible to office.
In material substance the information alleges that defendant was a candidate and was voted for, at the general election in this State on November 3, 1914, for the office of judge of the circuit court for the term of six years; that on the face of the election returns defendant appeared to be elected and thereupon a commission for such office was issued to him by the Governor of the State; that defendant entered upon the duties of such office and still claims the right t.o exercise its functions; that on December 23, 1914, defendant with numerous other persons, was duly charged by indictment, in four counts, ,in the Federal District Court for the district of Indiana with a conspiracy to perpetrate many frauds in Yigo County, Indiana, to affect the general state election there held on November 3, 1914, and at which election a senator and representative in the Congress of the United States were to be voted for, and with having devised a scheme to defraud, and with having used the United States mails in aid thereof, in violation of §§19, 37 and 215 of the Federal Penal Code; that defendant was put to trial before a jury in the said district court and was duly found guilty as charged in all the counts of the indictments; that April 12, 1915, the district court rendered judgment on the verdict against defendant on the first count that he be imprisoned in the United States penitentiary at Leavenworth, Kansas, for the term of five years and fined in the sum of $1,000, and on each of the second and third counts imprisonment for two years and on the fourth count imprisonment for five
Upon the filing of the information, the court did, on May 4, 1915, fix May 14, 1915, for a hearing thereon and for defendant to show cause why he should not he removed, and at that time ordered the sheriff of this court forthwith to serve the defendant with notice thereof hy leaving a certified copy of the information and the order of the court fixing hearing thereon at the last usual place of residence of defendant in Vigo County, which service was duly made on May 4,1915, hy the sheriff, and due return thereof was made. Defendant, at the time set for hearing, appeared hy counsel and moved to quash the summons and set aside the return which motion was overruled.
This action was followed hy defendant’s challenging the information hy demurrer on the grounds that this court had no jurisdiction, of the person of the defendant and no jurisdiction of the subject-matter of the action, and that the facts averred are not sufficient to constitute a cause of action against the defendant. This demurrer was overruled by the court. Thereupon the defendant filed a verified answer in abatement averring that after his conviction, defendant had prayed a writ of error to the United States Circuit Court of Appeals for the Seventh Circuit which writ was allowed- and that the cause was pending in said court of appeals undetermined. To this plea, the State demurred for want of facts which demurrer was sustained. Defendant then joined issue by an answer of general denial and over his objections, a duly authenticated copy of the proceedings of the district court and its judgment of conviction of defendant was admitted in evidence in discharge of the burden of the issue resting on the State.
There is no dispute over the facts. That defendant was declared elected to the office of judge of the Vigo Circuit Court at the November election, 1914, that he was commis
The objections which counsel for defendant have interposed to the granting by this court of the prayer of the' State are questions of law wholly. Section 12 of Article 7 of our State Constitution provides as follows: “Any judge or prosecuting attorney who shall have been convicted of corruption or other high crime, may, on information in the name of the state, be removed from office by the supreme court, or in such other manner as may be prescribed by law”. Section 19 of the act of 1897 (Acts 1897 p. 278, §9646 Burns 1914), provides: “In case any judge or prosecuting attorney shall have been convicted of corruption or other high crimé, it shall be the duty of the attorney-general to bring proceedings in the supreme court on information, in the name of the state, for the removal from office of such judge or prosecuting attorney, and in case of judgment against the defendant on said information such judgment shall be that the defendant shall be removed from office and be disfranchised and rendered ineligible to office during the lifetime of such defendant, or such shorter period as such court may deem expedient,* and upon the rendition of such judgment the governor shall appoint a successor to fill the vacancy in office created thereby”. Upon tl*ese provisions the information of the State and its prayer for the judgment of this court rest.
The main questions which counsel for defendant have
Neither the words of §12 of Art. 7, supra, nor reason authorize the narrow construction counsel contend for. By examining the proceedings of the constitutional convention in searching for the intent of the framers of the Constitution, as we may do, it is manifest that they did not intend the narrow meaning ascribed by counsel to the words used. Tt appears that the section in question when reported to the convention by the special committee which prepared it was much narrower in its scope. As reported it provided that “Any judge being convicted on indictment of any felony or corruption jn office, may be removed from office by the supreme court, on information in the name of the state”. Journal of the Convention p. 642. The contentions of defendant’s counsel as to the second and third propositions might well be valid were we controlled by a provision such as this. But the convention greatly broadened the provision by adopting in lieu of it that now under consideration which contains no terms narrowing it to fit the contentions of counsel.
Note. — Reported in 109 N. E. 184. As to validity of judgment rendered by disqualified judge, see 84 Am. Dec. 126. See, also, under (1) 8 Cyc. 756; (3) 23 Cye. 523; (4, 5) 8 Cyc. 741; (6, 7) 23 Cye. 522; (9) 36 Cye. 976.