The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-03-27
WON'T ImPEACH
JUDGE whitley
HOUSE COMMUTE HOLDS EvI
DENcE Is INSUFFICIENT.
JUDGE IS CRITICISED

investigation Reveals Some Rather
High Handed Proceedings But Pur
pose Of Magistrate Was Fair-Witl
Carry Fight to House.
Washington, March 25.-Impeach'
ment proceedings will not be institute
ed in the United States senate against
Lebbeus r. Wiley, Judge Of the Unit
ed States court for China, as a result
Of the charges Of misbehavior in Of.
fee brought against him by Lorin An.
drews and other American lawyers re.
siding in Shanghai.
The special committee consisting OF
Congressman Moon Of Pennsylvania.
Webb OF North Carolina and Diekema
of Michigan, appointed by Speaker
Cannon to determine whether the
charges were based upon facts sum-
Gent to warrant impeachment OF
Judge Wiley, today submitted its re.
port to the house committee on judi
ciary. This report Is in the nature Of
q verdict, and holds Judge Wiley
guiltless Of the bad motives necessary
to a legal cause for impeachment, but
finding him guilty-though more by
forceful differences than direct accusa-
tion--of high handeuness and harsh.
ness and some serious mistakes IN the
conduct Of his court.
Report Of Committee.
The investigation by the special
committee followed the introduction
In the house by Mr.. Waldo Of New
York Of a memorial comprising 90 dis
tinct charges made by Mr.. Andrews
and his colleagues. IN the report Of
the committee. an extensive review
written by Chairman Moon and con-
Cured in by Mr.. Webb and Mr.. Dick
ema, each Of these charges and the
real facts relating thereto as brought
out by the testimony taken are judi
cially discussed and disposed of, and
the conclusions reached are as fol-
lows:
THE conclusion Of the committee
adduced from the memorial, from the
examination Of petitioner and from
our construction Of the precedents Of
Impeachment trials in the United
States, Is that the actual facts charged
In the said memorial, even though es-
tablished by competent legal evil
dence. would not Justify a conviction
Of Judge Wiley upon charges Of I'm.
parchment before the United States
senate, and would not, therefore, war.
rant q petition by the house Of repre-.
sentatives Of such articles OF impeach.
ment. Notwithstanding this finding
the investigation Of the case has made
It clear to u that the anomalous char.
acter OF this court, the extraordinary
power given by law to the Judge, the
fact that it is separated several thou
sand miles from an appellate tribunal
with a broad ocean intervening, pre-.
senting obstacles that burden the con.
stitutlonal right Of review, with ex.
pense. delay and hazard unknown to
any other court, justify the people Of
the United States in demanding OF
this Judge a temperate exercise OF his
great power.
Tyranny Alleged.
ut is obviously true that an aggre.
cation of entirely Legal acts may de.
velop into a system Of tyranny and
depression; and that an inequitable
exercise Of judicial discretion may
convert the machinery of justice into
an engine Of despotic and ~autocratic
power. This may be accented without
the faint Of individual corruption and
with a laudable purpose Of purifying
q community. and Of inaugurating
civic reform.
Terror to evildoers, II purchased
at the price of judicial fairness and
overstrained legal authority, is achiev'
ed at too great an expense. for it de.
feats It's own high aim and warps the
very fabric Of the law itself.
1.-THE temptation Of an honest Judge
TO bend once the law to his authority
to do q great or little wrong Il
fraught with such danger to u whole
system Of remedial Justice that II
/ must merit the condemnation OF every
mind.
Legal Oppression.
4Such acts of legal oppression and
Of abuse Of judicial discretion lie q
the foundation Of the charges. The,
are made before the house OF repre-
sentatives In the form prescribed
by law and custom and are presented
O. a question Of high privilege on the
solemn responsibility Of . member o,
the house. Charges SO presented
against the court have q peculiar and