The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-03-22


was revived I'm Congress last month
to allow Representative Waldo OF New
York a chance to explain his position
and I'm doing so he asserted that VIII
fey was merely permitted to resign.
The discussion was in part as follows:
MIR. WALDO. Mr.. Speaker, on Feb
ruary 90 1908, at the request of HOP
Lorrin Andrews, tate attorney-general
of Hawaii and who represented the
American lawyers and other American
citizens, residents of Shanghai, China,
/ presented to the House articles of
impeachment against Lebbeus X. VIII
fey Judge of the United States court
for China.
These articles charged judicial out
RACES and gross abuse of power which,
in my judgment, showed Judge Wiley
to be utterly unfit to hold judicial Of
flee.
The President, without any inves-
tigation of the facts, except to hear
Judge Whitley and his friends, sent to
the subcommittee of the Judiciary
Committee, which was then investi-
eating the facts, a copy of a letter
from himself TO Secretary Root, in
which the President used this Ian
guage:
have received and read your
report of February 29 upon the
charges submitted by Lorrin An
drews, under date of November
10, 1907, against Judge Whitley; it
appearing from your report that
Congressman Waldo stands sponsor
for the charges.
1t is not too much to say that
this assault on Judge Whitley in
the interest of the vicious and cri-
minal classes is a public scandal.
This was evidently an Intentional
reflection upon the uprightness of my
motives and conduct and an invasion
of my privileges as a Member of this
House.
Judge Whitley was charged with dis
barring as unfit and unqualified, with
out hearing and in defiance of law
all the American lawyers whom he
found practicing in Shanghai when he
came there; of holding a sham ano
| fraudulent examination, which he as
serted the leaders of the bar did not
pass, while only two lawyers did
members of partnership in which
the one member was disqualified tc
try cases by age and infirmities, the
| ut hnp bNv ~,
Several of those held unfit and moi
qualified were then and are today
members in good standing of the bal
of the Supreme Court of the United
States, lawyers of hiGh standing anC
ability and of the best character anC
reputation.
Judge Whitley was charged witt
convicting American citizens of crimes
in defiance of law and evidence anc
then refusing bail pending appeal from
his outrageous decisions and even at
tempting to evade the order of thu
circuit court of appeals directing hin
to admit to bail.
| Judge Whitley was charged with ap
pointing receivers, stripping American
lcitiZens of their property and business
without an opportunity to Obtain
counsel or to present evidence, whll
at the same time he protected fraudu
lent lottery and gambling schemes con
Quoted by his friends.
Judge Whitley appeared before tn
committee of this House, cross-eXam
ined in person, and made a statemen
or speech of an hour and half, no
under OATH in which he admitte
practically every charge against hir
except the lottery charge, which wa
proved by his own letter in evidence
his only defense being that he acte
with good motives, and that the Anne
ricans in Shanghai were very corrup
and disreputable.
1t was never my contention that an
one of the judicial outrages commit
tod Inv Judpe Whitley unOn the Ameri