The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-06
AN .,MrnAcTlcAnLn soAnEonow.''

President Taft is in favor of "a more
liberal use OF the impeachment OF
judges" as substitute for the recall,
which he regards as "legalizcd terror
ism" and mob tyranny" Without go
ing into the fact that the people o.
oregon have had the right TO recall
Judges for three years. and that the
oregon bench is said to have been i'm
proved and not lowered, it is we'll to
investigate the remedy about which
the President is so enthusiastic and
certain
AS the Denver News points out, more
than n century ago Thomas jefferson
would prove to be the 'sappcrs and
miners OF our liberties" unless restrain
ed. and he denounced impeachment as
an 'impracticablc scarccrow."
In order to impeach a judge, the
proceedings must originate In the
House of Representatives and the
charges must be sustained by Il two
thirds vote. The case Is then tried
by the entire Senate sitting as a jury.
and two-thirds vote is needed 20 con-
Wet, The system is clumsy and COM
plicated, and The News thinks that 1t
IS specially designed to prevent the
removal of any Federal jurist." a
Charge which we do not think can be
proved.
In 1907 very earnest effort was
Missouri: Judge Mcpherson, of Iowa,
and Judge Pollock. of Kansas, but the
attempt met with miserable failure
The facts are worth noting: the Mis-
souri Legislature. in an effort to put
an end to the "unbearable tyrannies"
of its public service corporations,
passed a 2-cent passenger rate bill, "a
maximum freight bill and bill for
bidding corporations licensed by the
State to remove their cases to the
Federal courts.
The three Federal judges who sat in
this case in which arose the question
of the consututionality OF these
measures granted temporary njunc-
tions which operated to nullify the
laws of sovereign State, and to this
very day have declined to let the on
icted VIII Of the people be enforced
few weeks after the granting of the
Injunction. deputy game warden,
loafng about the union station in Kan
sas City. saw man hurryinG by with
some quail and prairie chicken. These
birds were then out OF season and the
deputy followed the man to private
car and made an arrest.
Unfortunately, this arrest disclosed
the fact that the occupants of the pri-
vate car were Judges MCPHERSON
Philips and Pollock and the general
solicitors of the Rock Island. Burline
ton and Kansas City railroads. Thus
says The .NsMs,. THE judges who had
sranted the Injunction were going to
Tampieo on tarpon fishing trip a.
guests of the railways for which the,
had granted the injunction
The last Impeachment was that o.
Charles Swayne, Federal distric
Judge. That was in 1905. The Legis
session
formally charged that Judge SWAIN,
was ignorant. corrupt, oppressive anc
disgrace TO the State" and demand
ed his impeachment. Swaync was trle,
before the United State Senate, SITTING
In Its judicial capacity, and acquitted
Swayne was alleged to have stoler
expense money. to have been "A non
resident Of his district, TO have use,
unlawfully the private cars of a rail
road that he had thrown into tn,
hands OF receiver, to have used hi
judicial power corruptly and tyran
nously In contempt proceedings and I,
have committed various lesser offense
against judicial propriety and pubIt
morality.
II was proved by the Government
record that swayne had collected 81,
the day on his certificate that 1t wa
for travelling expenses" Many wi,
nesses were introduced to show tina
he had cheated the Government out q
several thousand dollars by such col
lections Keepers of Texas boardin,
'So' ""c'e ne sat TOT months al
time. swore that he never paid NOR
than $40 the month for his room an
board, and conductors testified tina
swayne Invariably rode on annua
passes.
swayne admitted that he made us
Of the private car of a 'jerkwator
road for the transportation OF himscI!
family and friends. between Jackson
vile and New York and between Jack
sonville and the Pacific coast. and tina
everything was charged up To "oper
atins expenses" His sole defense wa
that the general manager told hii
that 1T was better for car to b
running than standing idle on s'd
ing" Any railroad man Will declar