The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-19
CHARGES AGAINST A FEDERAL
JUDGE.


Charges have been filed in the House of
Representatives against United States
Judge Andrew kirkpatrick, of Newark, n.
J., on which his impeachment is asked. The
charges were filed by a Philadelphia law
yer, Newlin by name, and were referred TO
the judiciary committee of the House.
Judge Kirkpatrick is president of the Fed
trail Trust Company, at Newark, and 1t Is
charged that the functions of this position
are inconsistent with those of federal
judge. The Federal Trust Company is
corporation organized under the laws of
New Jersey, whose business 1t is to assist
in promoting, merging. consolidating, reor-
ganizing and taking over other corpora
tions-or taking them under, as the case
may be. Among its directors is Daniel
interests, who is on record as having adj
mitted that he arranged a secret rebate
with the Pennsylvania Railroad Company.
Another director is James Smith, recently
appointed receiver of the United States
Shipbuilding Company.
trusts of the country are organized under
the laws of New Jersey, and if they pass
into the hands of receivers or otherwise
get into trouble they generally come before
the United States Court at Newark. The
lawyer who files the charges against Judge
kirkpatrick furnishes list of 119 corpora
tions in which he says the directors and
stockholders of the Federal Trust Com
pany. of which Judge kirkpatrick is pres
ident. are interested. 1t is averred in the
charges that Judge Kirkpatrick was as
tute to use the forms of law in order to
cation committee of the notorious asphalt
company of Philadelphia He says the
minority stockholders in this corporation
were deprived Of their rights and that the
matter was settled UP In such a way that
they had no voice in the proceedings. I'm
view Of Judge Kirkpatrick's corporation af-
f1liations, through his dual position pres
ident OF the Federal Trust Company and
federal judge" says Newlin, sit is well to
consider who were the ostensible parties
before him and who was the real party con-
trolling his judicial mind
The Journal has no information as to the
merits Of the case beyond the facts averred
in the charges. A recent publication, en-
titled 1.-The Financial Red Book of Amer
ica," which gives the names of about fif-
teen thousand persons in the United States
who are rated as worth at least $500, 900
each, mentions Andrew Kirkpatrick, New
ark, n. j., judge United States District
Court; president Federal Trust Company"
The last number of 1.-THE Manual of Stats
tics contains in the list of trust COM
panies of Newark, N. j., Federal Trust
Company. organized in 1901; capital, $780,
600; surplus and undivided profits. s561 ,OS2;
par value of stock. 500 per share; average
price in 1902. SOS per share From this it
would appear that Judge kirkpatrick Is
president of the Federal Trust Company
that its stock is valuable, and that he is
rated among wealthy capitalists. These
facts do not necessarily affect his political
integrity, and as to the charge that he sits
In cases In which the Federal Trust Com
pany, through it's directors and stockhold-
ers. are directly or indirectly interested,
the Journal has no information beyond the
statements made in the charges against
him. It is the highest duty, and should be
tho first aim Of a judge. to keep his judicial
character above the suspicion of being open
to any bias or undue influence whatever.
For this reason there would seem to be a
sort Of improperly in federal judge being
financially interested in a moneyed institu-
ton which is financially interested in COR
porations that appear In his court.
Because charges have been filed against
Judge Kirkpatrick IL does not follow that
they will be sustained. The impeachment
Of a federal Judge Is very serious matter,
and has occurred only once in our history,
namely, in 1903, when United States Judge
Pickering. of New Hampshire, was i'm
peached and convicted for habitual drunk
enness. In two other instances charges
were fle6 but not sustained. The charges
against Judge Kirkpatrick seem to affect
his judicial competency, but they may not
be sustained. Considering their nature.
| however, Congress can hardly do less than
make thorough investigation of them.