Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-07
Charges Department of Justice
With Attempting to Influence
Federal Court Decisions. /
INQUIRIES PLANNED
FOR ULTERIOR PURPOSE
Statement Follows Reading of Letter
From Attorney General in Reply
to Works Resolution.

A charge that the Department OF Jus
tice has made Investigations Of federal
Judges and their courts with the In
tention of influencing the decisions OF
these Judges was made on the floor OF
the Senate today by Senator Borah Of
Idaho.
Give me q committee to investigate
this charge and I'll prove It." said
Senator Borah.
The startling statement made by Sem
ator Borah followed the reading OF q
letter from the Attorney General In
reply to a resolution. offered by SEN
ator Works and passed by the Senate.
calling upon him to inform the Senate
whether agents of the Department OF
Justice were employed to spy" upon
Judges and the manner In which they
conducted their courts.
The Attorney General replied that no
inspectors were regularly employed by
the department to watch judges, but
that in cases where charges were made
against judges special agents did make
Investigations. He insisted that this
was clearly within the power OF the
Attorney General.
THE conduct Of Judges and their courts
very seldom has been the subject OF in
vestigation in recent years by the depart
ment," said the Attorney General. He
referred to the investigation which
was made I'm the case of former Judge
Archibald of the Commerce Court. who
was impeached and removed from office.
Consider Reply Unsatisfactory.
THE reply OF the Attorney General
does not meet the requirements of my
resolution" declared Senator Works of
"a Hn in ita
terms as to be useless. II the time has
come when the head of one Of the de-
partments may investigate the courts of
the United States and conceal this from
the Congress, it is time to inquire into
the matter. The answer of the Attorney
General is an evasion of the question pro-
pounded. / will insist later that my
questions be answered"
Senator Borah declared that during
the last four or five years the Depart
ment Of Justice had made investiga-
tions of courts and their judges with
a view to controlling their decisions"
II ! was not prepared to sustat .l
Senator Borah. From information
which have, / know that this has oo-
Cured The federal judges are under
the influence Of the Attorney General
and the department
Their promotion and emotsn-if they
are not promoted. II amounts ~ demotion
lis In the hands OF the department These
influences, ! am Informed. have been
brought to bear to influence their de.
cisions along lines desired by the govern.
ment.
Better to Have Judges Elected.
IF this is to be the case. and that claas
of judges is to sit upon the federal bench.
say 1t would be better to have Judges
elected by the people, and to provide foo
the recall Of Judges, much - am eD-
posed to that principle"
Senator Norris OF Nebraska declared
that he did not think that Congresa
should be in haste to enact legislation
which would prevent Investigations Of
charges had been filed against the
"The executive branch Of the govern
ment." said Senator Owen OF Oklahoma.
lis charged with seeing the laws en-
forced. 1t is the right Of the Depart
ment OF Justice to investigate judges.
A Judge on the bench Is only q human
being, after all. He may be corr
rupt, personally. Should he be so safe.
SO high on pedestal as to be above
the law?"
Had Never Heard of Attempts.
Senators O'Gorman. New York: Craw-
ford. South Dakota, and Sutherland.
Utah. declared that they had never be-
fore heard that the Department of JUS
tice had attempted to influence the de-
cisions of federal judges.
Senator Colt of Rhode Island, who for
many years was on the federal bench.
said:
For thirty years / was on the federal
bench and in the first judicial circuit
Never in all that time was any improper
in that circuit by the Department or
Justice. / am aware that agents of the
department made Investigations in that
circuit, but never with an intention OF
single official act OF any
judge"
No final action was taken on the At
torney Generals report.