Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-25
MOTIVES NOTCORRUPT
Report on Charges Against
Judge Whitley.
WILL NOT BE IMPEACHED
May Have Been Harsh and High
Handed in His Ways.
BETRAYED LEGAL IGNORANCE
Held American in Shanghai on
Wrong Charge. But Without
Malicious Intent.
WILL NOT BE IMPEACHED
BETRAYED LEGAL IGNORANCE

Impeachment proceedings will not be
Instituted in the United States Senate
against Lcbbcus r. Whitley. judge of the
United States court for China. as a result
of the charges of misbehavior in office
brought against him by Lorin Andrews
and other American lawyers resident III
Shanghai. The report of the special
committee. consisting of Representatives.
Moon az Pennsylvania Webb of North
Carolina and Diekema of Michigan. APP
pointed b. Speaker Cannon 10 determine
whether the charges were based upon
facts sufficient Ia warrant Impeachment
u. Judge Whitley. today submitted its re-
port Ia the House committee on the jul
dietary. This report is i'll the nature of
:: verdict. holding Judge Whitley Sulltiess
Of tie bad motives necessary 10 legal
cans. for Impeachment, but finding nm
guilty-thoush more by forcetu impliea-
tion than by direct accusation-of high
Eandeduess and harshness. and some seri-
mistakes in the conduct of his court
The invest iga ton by the special COM
mittec followed the introduction in the
House by Mr.. Waldo OF New York of
memorial comprising twenty-nine disiincs
charges made by Mr.. ANDREWS and his
colleagues. In the report of the commit
Tee an exhaustive review. written by Chair
man Moon and concurred in by Mr. Webb
and NJ. Diekema. each of these charges
and he real facts relating thereto, as
brought out ny the testimony taken, are
iudieially discussed and disposed of. and
the conclusions reached are as follows:
Impeachment Not Warranted.
The conclusion of the committee de-
duced from the memorial. from the exam
nation of petitioner and from our con-
ha Of
uc"t trials in the United States is that
The actual facts charged in the said me
mortal. even though established by COM
peteut legal evidence would not Justify
conviction of Judge Whitley upon charges
Of impeachment before the United States
Senate. and would not. therefore was-
rant presentation by the House of Rep
r.sentatives Of such articles OF impeach-
Incnt.
Among the charges brought against
Ju"tse Wil!ey that lie exceeded his
authority in prescribing examinations to
f'- taken b! attorneys desiring TO prac-
flce III his court. notwithstanding they
had been admitted to the highest federal
courts of the United States and were pos
sesSed of fair reputation. The committee
finds that il Is within constitutional power
Of courts to frame rules governing adj
mittance To practice.
As To the charge that in the face of the
establishment o: this rule by himself
'Itke W HlieN tl0 not require his alIeSeu
fivorite, United States Attorney Bassett
to take the examination, but permitted
him To represent private litgants before
the eour' on the strength of his superior
right To practice in behalf of the govern
merit. the committee finds that the failure
1o apply the common test of eXamina-
ton to Mr.. Bassett was obnoxious. irreg-
ular ard unlawful. but that ii was a mis-
take of judgment and not actuated by
corrupt motive.
Regarding the charge that Judge Will
fey maligned and slandered the Shanghai
bar. the committee finds that If he did so
that was a personal and not a judicial
act.
discussing the charge that Judge VIII
fey used the threat of disbarment to
persuade Mr.. Andrews to dissolve his
law partnership with Attorney Brooks, a
man low in the judges regard the report
SAYS:
An attempt upon the part of a judge
To coerce an officer of his court TO his
Will by a threat of disbarment would be
al ofense of the grayest judicial char
acter''