The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1913-06-26
Member of Federal Ju-
dietary Takes Excep-
ton to Practice.
CLUB TO LlTlGANT
Declares 1t Makes Courts Sub
servent and in Time Foot
balls of Politics.

Sioux City. Ia.Criticism Of the
department of Justice for 'sarbitrary
espionage or investigation" Of fedor.
al judges by means of examiner, by
Judge Emory Speer, United 6tatee
Judge for the Southern district OF
Georgia. was feature Of the annual
meeting of the Iowa State Bar ssso-
citation, which met here today.
Judge Speer spoke with great vle-
or and emphasis, declaring the situa-
tion to be "intolerable." He said In
part:
More dangerous than the power
to disqualify Judge is the power to
disgrace and defame him. Ny breth.
rem, ask you to consider II, In me
utter absence of all charges against
him, is not the recently adopted
method of arbitrary espionage or in-
vestigation of a judge, made by exam
liners, as thew are termed, Of the de-
partment of Justice, under the direct
order of the Attorney General, "a ma,
threat American judges with cruel
and apparently callous indifferonco
to their reputation and good neuofs
I speak impersonally and with III
due respect for the head or q a.,
partment who Is ex officio the loadot
of the Aremican Bar. He In, however.
also the leading counsel for the goyj y
ernment, and no matter hom oon6id.
crate, how eQuable In thounAt alas
language, how completely non n-psSti
Esan he may be. ought any llSWJals4iul,.. y.
hare in1uisitional power overs No.
Judge who is to try his casA1 And.
|1sast of all, should thiS power ~ ~
|sFcised Ina lard where Alie inAeod
ence Of the judiciary is the yafy .foun
dation-stone Of the national stfuc.
ture?
Examiner an Attorney in Court.
'Is 1t not indeed intoierable that
the lawyer who is the leading counsel
for the government shall have with
in his power and control, the right
to question the honor and character.
official and personal. Of the Judge
upon whom determinations of all ma
tional Jurisdiction must dependf
True, the attorney-general can act at
any time and make an accusation he
thinks proper, as can any citizen, but
can he constitutionally evert the pow.
ers, detail the officials, utilize the
machinery and expend the money OF
the government in inQuisitorial ex-
aminations of judge, appointed by
the president and confirmed by the
Senate, ana who holds his office dur
ing good behavior? Where is the con-
stitutional right or statutory author
ity? Does this not commit to q law.
yer on one side of multitude Of cas-.
es, the right to investigate the tite1
to his office of the trial or appellate
judge, and IL this could ever be pro-
oh N
without notice to the pudge and I'M
formation to him of the Complaints
against him?
Exceeds Presidents Power.
would even the president, with
all his initiative and power. attempt
this. and If the attorney-general has
no such power, can his examiner law
fully appear at the court and Off.
cially enter upon the inquisiti0n Of
a Judge? And finally, II there ever
could be 4 shred of propriety In such
action, should 1t ever be done when
the courts is in actual session and
when the pudge should be undis-
turbed in those absorbing, intense
and exacting intellectual efforts and
labors on which the rights OF prop
erty and liability must depend?
"To endure such an ordeal - that
have but feebly portrayed. without
sufferingg the most intolerable faulte
the judge must have the hartlihoo6
of head-hunting 1ggorote or q Pata-
gonia savage. And shall this un.Am-
erican method continue? No greater
curse can be inflicted upon the nA-
ton, said John Marshall, than .
cringing and dependent judiciary. If
1.-THE magistrates to whom the judicial
power of the nation 10 entrusted shall
be dragged down from the serene
reserve they now maintain, or Il they
must be sub-servient to the politicians
who hold departmental offices. thaA
truly the noble MOTTO. Let Justlce ~
done though the Heavens fall. will
, be supplanted by the.odious sologan.
TO the visitors belong the spoils. and
the high judicial station. onco the
glory Of the nation, will become the
, ~ nm pfvy ufrffo -