The Statehouse Recesses—and an Impeachment Trial Waits
Lawmakers adjourn until August 11 to try Insurance Commissioner J.H. Schively on 26 counts, capping a special session that cost $117,984 and spawned investigations of the Supreme Court and a 'Nurses' Trust Bill.'
Olympia—Both houses of the extraordinary session of the legislature took a recess Friday until August 11 at 2 P.M., when the impeachment trial of J.H. Schively, state insurance commissioner, will begin. After a long debate the house cut down the board of managers to three, selected by a 'direct primary method,' and decided that all members should return at the end of the recess. The three members selected are: Speaker Meigs, Sparks of Clark and Edge of Spokane. During the 40 days interim none of the members of either house will draw per diem, except the three impeachment managers and President Ruth, of the senate, each of whom is allowed $10 a day.
The general investigating committee heretofore authorized to continue its work was granted a fund of $30,000. The cost of the impeachment trial has been limited to $40,000. The total appropriations for the special session aggregate $117,984, but of this sum $110,000 is for future legislative, impeachment and investigation expenses, and a portion will likely revert to the state treasury.
26 Counts Specified. The articles of impeachment against J.H. Schively specify 26 distinct and separate counts. These include high crimes and misdemeanors, malfeasance in office, perjury, extortion, unjust, arbitrary and oppressive conduct in office and neglect of official duties.
The accused insurance commissioner formally appeared before the senate, sitting for the first time in the history of the state as a court of impeachment, and his attorney presented a motion for a continuance and reserved the right to challenge the jurisdiction of the senate. In arguing for the granting of the motion, Attorney Israel declared it was the intention of Mr. Schively to deny each and every article in toto, and to present an affirmative defense to most of them unless such articles were stricken out or otherwise disposed of on motion or demurrer.
A motion was adopted giving Mr. Schively nine days in which to file with the attorney-general an answer to the charges; the attorney-general four days in which to prepare a reply, and provides that both sides shall have until August 11 to marshal their testimony and otherwise prepare for trial.
Report to Governor. The method of continuing the investigation of state offices and departments was disposed of by the adoption in both houses of a resolution continuing the present committee and requiring it to report April 1, 1910, to the governor. As the matter now stands the present committee is empowered to go ahead under instructions of general character.
A house committee will investigate the charges preferred against eight members of the supreme court by H.N. DeWolfe, of Tacoma. DeWolfe asserts that the court has decided four cases against his clients when the law and the facts were in opposition to the decision. The committee appointed under authority of the house is composed of Halsey of Asotin, Palmer of King, Thayer of Stevens, David of Pierce and Bird of Snohomish. This committee is also empowered to investigate any charges that may be filed against members of the 1909 legislature.
May Be More Charges. It is understood that there are charges likely to be forthcoming against some of the members in connection with the passage of a measure by the last legislature creating a Board of Nurse Examiners and known as the 'Nurses' Trust Bill.'
The ten days' session of the special legislature resulted in the passage of eight bills, four concurrent resolutions, one joint memorial and the institution of impeachment proceedings. In addition to these, the senate adopted a resolution directing the legislative investigation committee to investigate the deal by which the regents of the university leased the old university ground in Seattle for a period of 47 years upon terms which practically amount to giving away the property.
The senate has recorded itself as opposed to the repeal of the exemption of supreme judges from the workings of the direct primary law.
“The accused insurance commissioner formally appeared before the senate, sitting for the first time in the history of the state as a court of impeachment.”
The 1909 impeachment of Insurance Commissioner J.H. Schively was a rare moment of legislative accountability, with lawmakers limiting trial costs and investigating the Supreme Court. Today, as Washington grapples with ethics scandals and campaign finance, the question of how to police public officials without turning oversight into spectacle remains just as fraught.
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