Acquitted by His Own Senate, and the Governor Says the People Will Judge Him
Washington's insurance commissioner beat all twelve impeachment charges on a 14-to-26 vote. Governor Hay called it a violation of the senators' oaths — and handed the case to the voters.
OLYMPIA. — When interviewed concerning the result of the trial of Insurance Commissioner John H. Schively by the Senate, sitting as a court of impeachment, Governor Hay gave out the following statement:
"The acquittal of Mr. Schively on all the charges in the articles of impeachment by the vote of 14 Senators was a surprise to me, for I had given little credence to the rumors in circulation during the closing days of the trial that the defense had a dependable line-up of a sufficient number of Senators who would vote to acquit, regardless of the evidence or the facts. It seemed to me altogether incredible that a number of Senators would assume such a preposterous position in violation of their solemn oath and disregard of their sworn duty.
"I am unable to understand how any man, much less a man occupying the high position of Senator of the State of Washington, could so stultify himself as to vote for an acquittal after hearing the evidence submitted and proved beyond a reasonable doubt by the board of managers. The admission made by the respondent on the stand was a conviction in itself. There is absolutely no question as to this. The very substantial vote of 26 for conviction to 14 for acquittal shows that a large majority of the Senators were firmly convinced that the Insurance Commissioner was guilty as charged.
"The case has now passed beyond official jurisdiction and is up to the highest tribunal of all — the people of this state, who will render the final verdict."
SCHIVELY WILL NOT TALK.
OLYMPIA. — J. H. Schively, State Insurance Commissioner, who was acquitted last Friday by the Senate on the 12 impeachment charges preferred against him, is delighted at his acquittal. He exhibited a pile of telegrams from many parts of the state congratulating him. Personally he refused to make any statement, but through his attorney, George C. Israel, it was given out that all promises made by Schively would be kept. Israel stated that every insurance company that had paid for an examination not made, whether the money went to Nichols or to Schively, or to both, would be made at no added cost to the companies. He said these examinations were now under way.
SPOKANE. — J. H. Schively, State Insurance Commissioner, will not be called to trial in the Superior Court of Spokane County at the September term of court. Schively is under indictment in two cases growing out of the grand jury investigation of the Pacific Livestock Association, one for embezzlement of about $2,600 of the funds of the association, and the other for perjury before the grand jury. The Schively cases, and likewise those against Judge Gordon, ex-counsel for the Great Northern Railroad, will not be reached for the reason that the prisoners detained in jail, including the defendants in three homicide cases, must be tried first.
“The case has now passed beyond official jurisdiction and is up to the highest tribunal of all — the people of this state, who will render the final verdict.”
Cleared by his colleagues in the Senate, Schively still faced embezzlement and perjury charges in Spokane — an acquittal in the political chamber was never the same thing as exoneration. Governor Hay's claim that the case now belonged to "the highest tribunal of all, the people" is the argument voters still hear whenever an official is cleared by the body that knows him best. Whether an impeachment acquittal settles anything or merely moves the verdict to the next election is a question Washington keeps answering.
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