The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-27
Emory Speer Tells Law
yers Present Situation
Is Intolerable.
MAKES ATTACK
ON "INQUISITION"
In Address Before Bar Associa-
ton, Georgia Jurist Scathingly
Rebukes Methods by Which
Judges May Be Detained"
and "Disgraced" With
out Defense.

Sioux City, Ia. June 2s-Criticism
of the Department of Justice for arb.
trary espionage or investisation'' of
federal judges by means OF examiners
by Judge Emery Speer, United
States judge for tho Southern District
nual meeting Of the Iowa State Bar
Association, which met here to-day
judge Speer spoke with great vigor
and emphasis. declaring tho situation
as lntolerabl"" He said in part:
More dangerous than Tho power to
disquslify Judge is the power to
disgrace and dcfaine him. Ny brethren.
] ask YOU 10 consider H. in tho utter
absence Of all charges against him.
Is not the recent. adopted method OF
arbitrarN espionage or Investigation Of
Judge. made hy examiners as thew
arc termed Of the Department Of Jus
tice. under II" direct order Of tho At
torney-Genelal. 70 maltrcat American
judges With cruel and apparently cal
lous indifference TO their reputation
and good nam.2
Hns Attorney -Generai the Right.
Il speak impersonally and with all
due Difference and respect for the head
Of department who is ex-ofiicio the
leader Of tn" American bar He is
however, also the leading counsel for
the government. and no matter how
considerate. how equaplc in thought
and language. how completely non
partisan h" may he, ought any law
Yer have inquis!toriai power over the
iudg" who is 10 try his case, and. least
Of all. should this power bc exercised
In land whore the independence OF
tho judiciary is tho very foundation
Ston" OF tn" national structure? Is II
not indeed iutol.rablc that tho law
N'i Who IS tn" leading counsel for The
Government shall have within his power
and control tn" right 10 question the
honor and character. official and per
sonal OF the Judge upon whom de-
termination az all national jurisdiction
must depend. Iru.. Tho Attorney
General can act al any time and make
any accusation he thinks proper as
can any citizen. but can he constitu-
tionally cxcr, the powers detail the
officials. utiliZ, the machinery and ex-
pend tho money of the government in
inquisitorial examinations OF "A Judge,
appointed by the President and con
rrmed by the Senate. and who holds
mis- office during good behavior? Where
is the constitutional riGht or statutory
authority
Does this not commit to n lawyer
on ono side OF a multitude OF cases the
right 10 Investigate the title To his
Office OF the trial or appellate Judge.
and If this could ever he properly done
should II ever be done without notice
10 til. judge and Information TO him Of
complaints against him? Would even
q
and power. attempt this. and if the
Attorney General has no such power
can his examiner lawfully appear at
the court ana officially enter upon the
iuquisition Of Il Judge? And. finally. If
there ever could be a shred OF proDrietv
in such action. should ii ever be done
when the court is in actual session and
when the judge should he undisturbed
IN those absorbing intense and exact
Ing intellectual efforts and lahors on
III.
liberty must depend?
Functions Infinitely Grave.
Who is the examiner of the Depart
ment OF Justice?
have looked in vain through the
statutes TO ind the definition of his
cutics This critic and censor of judges
need not be practitioner or even n
iawyer For many years. however,
have observed that they were restricted
to examine and report on the marshal.
clerk and other disbursinc officers
most of whom are directly appointed
10y the Department of Justice and who
ot course, should he responsive thereto.
NOW, however. they exercise functions
infinitely eraver. infinitely more dan
Serohs TO the three fold distribution Of
power under the American system. The
court may he in session. The examiner
appears upon the scene. II is 1T once
given out TO the newspapers thar he is
IN court lie casts n critical eve on The
proceedings and sometimes takes notes
WIN an air not wholly insignificant
lie interviews disgruntlcd ATTORNEYS
sometimes when a ruling is made he
hastens 10 the attorney losing and sug-
eests errors. He takes statements of
stubborn debtors whom the judcments
ana DEGREES Of courts hnvc Obliged
most unwillinEly, to pay thcr debts
All the quidnuncs of the community are
on the alert. The examiner is a per-
20 hold the fate OF the Judge in the
hollow OF his hand
All the while, nc 1t remembered,
there is not syllable Of mputablc
'ensur" or criticism pendinG against
Il Judge where alone charges should
be made and that in the appropriate
oHlccs OF tho representatives of the
people. Ia whom are committed as we'll
thc rights Of their constituents 10 an
upright and honest judiciary and the
hohor and character OF Judges who
are presumed to have done their duty.
No Chance for Defense.
IN the meantime. the examiner inn
parts 10 the judge no information
whatever Of any complaint There is
then no chance for defense, even if
defense TO an unauthorized inquistion
by an unauthorized inquisitor was not
unworthy of the judicial station. Who
then, can forecast the report the cx-
nminer will make? When il will he
made is equally uncertain. Finally.
the Attorney General himself informs
the public in the most public way that
CONTINUED on Seventh PiS.;
VIRGINIA BEACH.