Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-26
Tobe Made Against Judge
Whitley Of China.
Report Practically HqIds Him
GuiNIess Of Charges.
Aigh.handedness, Harshness and
Serious Mistakes hinted.

Washington, March 25.-The sub-com-
mittee of the House judiciary commit
tee appointed to investigate charges
against Judge l.. K. Whitley OF the
United States court for China at
Shanghai on charges Of misconduct in
Office, preferred by Il number of Amcri-
can lawyers residing in Shanghai, to
day submitted its full report to the
full committee.
The report does not recommend i'm
peachrlcnt but severely censures Judge
Whitley tor harShneSs on the bench and
ignorance of the law The rresenta-
ton of the report precipitated warm
debate i'll the 1ull committee, some u
the members declaring the opinion that
Wiley should be impeached. Mr..
clayton Of Alabama entered Il motion
for such Impeachment and served no.
tice that if the committee failed to ac-
cert ii he would move it on the floor
of the House. No action was taken to-
day by the full committee.
Washington, March 25.-Impeuchment
proceedings Will not be instituted in
the United States Senate against l.c''-
bens K. Wililc&, judge of the United
States Court for China 3S Il result of
the charges of miSbchaVior III office
brought against him by Lprin Andrews
and other American lawyers resident
n Shanghai. The report of the special
committee, consisting of Representa-
lives Moon. Of Pennsylvania; Webb of
North Carolina, and Diekema Of Michi-
gan. appointed by Speaker Cannon to
determine whether the charges now
pending against Judge Whitley are
based upon facts sufficient to warrant
impeachment of Judge Wilney. today
submitted its report to the House COM
mittee on the judiciary. This report
is in the nature IF a verdict, holding
Judge Wiley guiltless of the bad mo-
tiveS necessary to Il legal cause ter i'm
parchment but finding him guilty
though more by forceful inference than
by direct accusation-of high handed
ness and harshncss and some serious
mistakes in the conduct of his court.
The investigation by the special COM
mttee followed the introduction in the
House by Mr.. Waldo of New York, of a
memorial comprising 80 distinct charges
made by Mr.. Andrews and his, col
leagues. In the report Of the commit
tee an exhaustive review, written by
I
Mr. Webb and Mr. Diekema each of
| these charges and the real facts re-
lating thereto as brought out by the
testimony taken arc judieially discus
sed and disposed Of; and the conclu-
sions reached are as follows
THE conclusion of the committee as
deduced from the memorial, from the
examination of petitioner and from our
| Al
parchment trials in the UHted States.
is, that the actual facts charged in
the said memorial. even though estab
lished by competent legal evidence,
would not justify Il conviction of Judge
Whitley upon charges of Impeachment
before the United States Senate, and
would not, therefore, warrant a presen-
tation by Tie House of Representatives
Of sucn articles Of Impeachment. But
notwithstanding this finding the in
yeStigatiCn Of this case had made clear
to us that the anomalous character of
this court. the extraordinary power Civ
en- by law to the judge, the fact that
it is separa ted seven thousand miles
from an appellate tribunal. with
broad ocean intervening between, pre-
senting obstacles that burden the con-
stitutional right of review with eX-
penSc delay and hazard unknown to
any other court, justify the people Of
the United States in demanding Of this
judge Il temperat@ exercise Of his great
power.
1T is obviously true that an aggrc-
CATION and oppression; and that an
equitable exercise Of judicial discretion
may convert the machinery Of juStlc"
into an engine Of despotic and auto
F'matic power. This may be accomplish
ed without the faint Of individual cor
ruption ana with a laudable purpose
Of certifying a community and Of in
auguYating civic reform.
Terror to evildoers if purchased ut
The price Of judicial fairness and over
strained legal authority, is achieved
at too Great an expense, for it defeats