The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1879-11-18
THE AMBROSE MATTER.


Swing and Circuit Judge J. Baxter deliv-
cred their written opinions on the subject
of accepting Clerk Ambrose's resignation.
The following was first read by Judge
Swing:
ION Saturday at clock Thomas Am
brose, Clerk of the District and Circuit
Courts of the United States for tins South
ern District of Ohio, rendered his resigna-
ton. No action was taken at the time for
the reason that desired conference and
consultation with the Circuit Judge. Afier
full consultation and mature deliberation
the conclusion to which we have arrived Is
that the resignation of said Clerk be accept
ed, to take effect when his successor shall
be appointed.
Judge Baxter then read the following:
1T has been said that it was known that
| would not accept Mr.. Ambrose's resigna-
tion if rendered. This is a mistake. have
authorized no such declaration. On the
contrary fully concur with Judge Swing
in the accertance If his resignation. GER
tainlv would not concur if It's acceptance
could in any way hinder or obstruct the
Government or others in the prosecution,
or in the slightest manner hinder or OBJ
struct or prejudice, either in the
pr secution of any civil or criminal
proceeding which such investigation may
develop as proper and necessary in the
premises. But as understand the law he
ould be just as amenable for unlawful
acts. if he has nerpetrated anv. after us be-
fire the acceptance of his resignation, and
it is in this view of the law applicable to
his case that the Court, after full and free
discussion and review. of the case. have coll
Cured in the conclusion that it is our dr y
to accept the resignation rendered.
Further than this the Court ought not Ia
be expected to 90. The District Attorney has
officially notified us of the institution OF
criminal proceedings by the Government
against MIR. Ambrose. This prosecution
will probably be pushed to trial. If tried
it will be the duty of one or both of us to
preside at the trial. We ought, therefore,
to be US far removed from preconceived M
pressi us as practicable, for while within
the limits of the Judicial duties conferred
in us by the law it will become Our duty to
see that no guilty man escapes and
that no innocent man is convicted
and punished we must en-.
deavor ito huld ourselves in a position to
discharge 'he duties which may rest upon
US in,partially, justly and fearlesslv. In
accepting Mr.. AmbrOse's resignation and
appointing another to take his place, whose
character in tiis community. We trust, will
be guarantee of efficiency and integrity
we will have done all that is for us to dc
now. 1t will be for the Government
through its officials charged with the duty
to determine what else, if anything, shall
he done, and for this Court, in case either
criminal or civil suit snail be prosecuted
against 4Mr. Ambrose, to see that the law il
fully and eftctually administered.
complaint has been made hat person ns
have been denied access to the books and
records Of the Court. Application wa,
made few days ago to my associate. the
District Judge, for an order compelling tile
clerk t., give to the parties applying an op
portunity to examine the records OF the Of
ce. This question was argued and dis
posed of by my brother Judge
The arguments and decision re
ia e to the legal rights of the
citizen to inspect the public records Of the
Court / do not take issue with any prn-
cipe annou eed by the District Judge il
reference to the question then involved
Bu in consultation we agree tat this j.
not case for the application Of technica
law. The examination proposed professes
to be in the public interest. No injury
can result to any one from such examina
ton. Facts already developed tend t.
show that there are others which
ought to be exposed. We think We Ough
TO accept all the aid rendered in good faith
Exposures Of peculations by officers upor
the Government. without regard tn t. e ami
mus that may prompt them, ism the publ !.
interest. With these convictions, we viii
until Clerk sha be appointed, confid,
the records to the keeping Of the depute.
now performing the duties Of Clerk ant
direct that they gather all tn,
records into the office ant
afford to everr citizen desiring to examine
them every facility for so doing that can b.
extended consistently with the pr per dis
charge of their duties. 1t is our purpose t,
insure every necessary facility to any on,
feeling an interest in the matter for fnl
and tt orough Investigation.
| Clerk Ambrose. who WAS arrested OF
the affidavit of Frank Broadwell, va.
brought before Commissioner Probasco thi
afternoon. but the question Of the right o
any one but the District Attorney TO G u
duct the case vas brought up. and aftel
$ me di cusson this question was re
ferred to the Circuit Judge.