The Washington herald., 1908-03-18
NO TRIAL OF WHITLEY
Judge of Shanghai Court Not
to Be Impeached.
COMMITTEE TO DISAPPROvE
8Inn Who GAVE Out Justice in Extra
territorial Court of the United
States Not te BE Tried-House
subcommittee 10 Report Against
Impeachment in a Few Days.

Lebbeus r Wiley, judge OF the United
States extraterritoriaI court at Shanghai.
China. win not have TO appear before the
high court Of the United States Senate 10
answer charges Of Impeachment IL the
subcommittee Of the House Committee on
the judiciary has anything 10 say about Il.
The subcommittee viii report IN a few
days TO the fun Judiciary Committee
upon the charges made by Lorrin An
dreWs ct al and placed before the House
by Representative Waldo. OF New York.
This report. il is stated on good authority,
viii show that grounds sufficient for an
Impeachment. in the subcommittee 5udg-
ment, have not been disclosed. II is not
considered at al likely that any other ac-
ton viii be taken. and the subcommittee's 5
findings viii probably be conclusive.
Appointed Weeks Ago.
The subcommittee was appointed several
weeks ago, after the charges OF Mr.. An
drews We're introduced in the House BY
Mr.. Waldo. The hearings IN these charges
! during the course OF which both Mr. An
drews and Judge Wiley went upon the
stand, lasted many days. The charges
were voluminous and entered in great
detail into the proposition OF the life OF
Americans in Shanghai and the alleged
actions OF the judge.
At the conclusion % the hearings and
the giving OF testimony, Mr.. Waldo and
Mr. Andrews made short arguments IN
behalf Of the complainants. while Judge
Wiley and Representative DENLY spoke
for the defense. During the course OF the
hearings President Roosevelt announced
that the State Department, with which
charges almost similar 10 those fled with
the House had been placed, had found
Judge Wiley innocent thereof.
1 This announcement from the White
/ House. the members Of the subcommittee
/ said, at the time, could have nothing TO do
with their action. The findings OF the
subcommittee. deduced from the evidence
at the hearings and the weighing OF
the charges. is based entirely upon such
testimony.
The case Of Judge Wiley has been a
most extraordinary one. Just as ths pO-
sition which he has occupied IS unique
I IN AL the circuit OF American Judges.
4 The extraterritorial court at Shanghai.
as was shown IL the testimony az the
I hearings. was created-superseiing the old
! consular cOurts-to give To the many
Americans IN that country a better sys-
TEN OF law protection than hal been pos
sible previously.
Did Excellent Work.
Judge ynfey, after experience in the
Philippines, where officials say he did
/ excellent work. Was sent 70 the new
court 10 assume charge OF the farthest
/ Eastern court Of the United Seates.
/ According TO his own testimony, he
4 proceeded there as he believed himself
to have been justified in doing. He was
in city and among Americans. he said.
who were 10 some extent, at least. in need
OF peculiar regulations. Concerning the
bar OF his court. Judge Wiley made sew
eral drastic restrictions. thereby aroUs-
I ing certain attorneys 70 anger.
/ Judge Wiley, on the stand and IN his
argument. admitted that he had made
several mistakes in Shanghai but re-
verted to the fact that none OF these
mistakes warranted an impeachment
Mr.. Andrews. on the other hand.
/ thought that the conduct of Judge VIII
/ fey had been so harsh, so uncaIled FOR,
and so contrary 10 all American p-ece-
dents that Impeachment should lie against
him
The committee has found that the
charges we're rot sufficient TO warrant
( any procedure by impeachment on the
part OF the House and Senate. although
IL is possible that p reprimand may he
given. or that in some manner the POW
ers OF the judges OF the extraterrtorial
court viii be more fully and. more specif-
Z callv outlined