Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-26
Larger Use of Powers.

Does this not commit to a lawyer on
one side Of multitude of cases the right
to investigate the title to his office OF
the trial or appellate Judge and II this
could ever be properly done. should 1t
ever be done without notice to the judge
and information to him of the complaints
against him? Would even the President,
with all his initiative and power. at
tempt this, and if the Attorney General
has no such power. can his examiner
lawfully appear at the court and official
ly enter upon the inquisition of a judge? ?
And finally If there could be shred Of
propriety in such action should IT ever
be done when the court is in actual ses-
sion and when the judge should be un-
disturbed in those absorbing intense and
exacting intellectual efforts and labor on
which the rights of property and of lib
erty must depend?
who is the examiner OF the Depart
ment of Justice?
Il have looked in vain through the
statutes to find the definition of his du-
ties. This critic and censor OF judges
| need not be practitioner or even law
yer. For many Years. however ] have
observed that they were restricted 10 ex-
aminati and report on the marshal.
clerk and other disbursing officers most
of whom are directly appointed by the
Department of Justice. and who. Of
course. should be responsive thereto.
Now. however, they exercise functions in
finitely graver. infinitely more dangerous
to the three-fold distribution of power
under the American system.
The court may be in session. The ex-
aminer appears upon the scene. 1t is at
once given out to the newspapers that
he is to investigate the Judge. He ap-
pears in court He casts a critical eye
on the proceedings and sometimes takes
notes, with an air not wholly insignifi-
cant.
Attorneys Are Interviewed.
He interviews disgruntled attorneys.
Sometimes when a ruling is made he
hastens to the attorney losing and sug-
gests errors. He takes statements of
stubborn debtors whom the judgments
and DEGREES of courts have obliged. most
unwilingly. to pay their debts. All the
quidnuncs of the community are on the
alert. The examiner IS person Of
the fate of the Judge IN the hollow Of
his hand.
"AIl the while. be 1t remembered there
is not syllable of imputah,e censure or
criticism pending against a Judge where
alone charges should be made and that
senta+ives CT the people TO whom are
committed az we'll the rights of their
cCns titGerIs to an upright and honest
tud,c:ar. and the honor and character of
tudEes who are presumed to have done
:heir duty.
IN The meantime the examiner i'm
parts to the Judge no information what
eyer o. cry COMPLAINT. There is then no
chance for defense, even II defense to
an unauthorized inquisition by an un-
authorized inquisitor was not unworthy
OF the judicial station. Who. then, can
forecast the report the examiner will
make? When it will be made is equally
uncertain Finally, the Attorney Cen
eral himself informs the public in the
most public way. that no charges have
been preferred, but, alas, the harm, ir-
remediable, causeless. cruel harm. Is
DONE
MACON. Ga, June 26.-The attack of
Judge Emory Speer of Macon in his
speech to the Iowa Bar Association at
Sioux City today upon Attorney Cen
eral McReynolds and the Department of
Justice was brought about by the in
Of Judge Speer's official conduct.
For the past three weeks r. c. Lewis,
special Investigator of the Department
Of Justice assisted by several examin-
ers has been in Macon making inquiry
into the official actions of Judge Speer
He has attended sessions Of the court
while Judge Speer was presiding and
as the Judge said in his speech made
copious notes on the proceedings. He
has interviewed many attorneys and
secured affidavits from them relat ting
to Judge Speer. He has talked with
many citizens who have been litigants
in the court. and with many who never
had a case in court. Mr.. Lewis is now
in Savannah, where he is carrying on
the same line Of investigation.