Evening times-Republican., 1913-06-26
ATTAcks ARBITRARY iNVEsTIoA.
TIoN or FEDERAL JUDGES ~
ExAMiNERs.
DELIVERS ATTACK IN
eloux CITY SPEECH
Employment Of Hired Spies BY the Do.
paptmsnk Of Justice, He Declares,
viii Result IN Dseadenes Of the Ju-
dieiary-Ns Opportunity Givsn Jur-
ists For Defense.

Sioux City, June 36.-The Iowa State
Bar Association convention opened to-
day with lawyers in attendance from
all parts of Iowa Justice Horace r.
Deemer. Of the Iowa supreme court,
will lead a fight to have the association
endorse a law reform, providing that
no case shall. be reversed by the su-
prenae court save where the court is
satisfied that the error on which the
reversal is based has affected the sub
stantial rights of the appellant.
Sioux City. June 26-Criticism Of the
department Of justice for arbitrary
espionage or investigation of federal
judges by means of examiners. by
Judge Emory Speer, United States
judge for the southern district of
Georgia. was a feature of the annual
meeting of the Iowa State Bar Associ-
alton which met here today.
Judge Speer spoke with great vigor
and emphasis. declaring the situation
More dangerous than the power to
disqualify judge is tne power to dis
grace and defame him. Ny brethren,
ask YOU to consider if, in the utter
absence of all charges against him, is
not the recently adopted method of
arbitrary espionage or investigation of
a Judge, made by examiners. as they
are termed, OF the department OF JUS
rice. under the direct order of the at
torney general, to naltreat American
judges with cruel and apparently cal
louB indifference to their reputation
and good name? I speak inpersonally
and with all due Difference and re-
sDect for the head Of department who
is ex-officio the leader Of the Ameri-
can bar. He is. however, also the lead
ing counsel for the government, and
no matter how considerate, how
equable in thought and language, how
completely nom partisan he may be,
ought any lawyer to have inquisitorial
power over the Judge who is to try his
case? And. least OF a1l should this
power be exercised in a land where
the independence Of the judiciary is
the very foundations stone OF the ma
tional structure? 1t is not indeed in
tolerable that the lawyer who is the
leading counsel for the government
shall have within his power and con-
troll, the right to question the honor
and character. official and personal,
Of the Judge upon whom determine
tions OF all national Jurisdiction must
depend? True, the attorney general
can act at anv time and make an ac-
cusation he thinks proper. s can any
citizen, but can he conscirutionally ex-
tn iolu T.
lize the machinery and expend the
money Of the government in inquisi-
torial examinations of a Judge, ap-
pointed by the president and confirmed
by the senate. and who holds his Of
flee during his good behavior? Where
is the constitutional right or statutory
authorityo Does this not commit 10
LAWYER on one side Of a multitude Of
cases. the right to investigate the title
to his office OF appellate Judge, and il
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 MS tnitia-
tive and power. attempt this. and II
the attorney general has no such pow
er. can his examiner lawfully appear
at the court and officially enter upon
the inuuisition OF a Judge? and nm
ally, If there ever could be shred OF
propriety in such action, should 1t
ever be done when the courts ts in ac-
tual session and when the judge should
be undisturbed in those absorbing,
intense and exacting intellectual ef-
forts-and labor on which the rights OF
property and of liberty must depend?
Who is the examiner Of the depart
ment Of Justice?
Examiner Of Great Power.
81 have looked in vain thru the stat
,1tes to find the definition Of his duties.
This critic and censor Of judges need
not be practitioner or even lawyer
For many years, however, I have OBJ
served that they were restricted TO ex-
animation 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
Infinitely graver. infinitely more dan
Eefous to the three-fold distribution OF
power under the American system. The
court may be in session, the calendar
may be thronged with assignments. the
Jurors and grand Jurors ~ attendance,
The members Of the bar gathered. The
sexarniner appears upon the scene. 1t Is
ct once given out to the newspapers
tihat he is to Investigate the Judge. He
appears in court He casts a critical
Aye on the proceedings. and sometimes
lakes notes, with an air not wholly In
signifcant. He interviews disgruntled
attorneys Sometimes when ruling is
made, he hastens to the attorney losing
m suggests error. He takes state
fnents Of stubborn debtors whom the
9udgments and DEGREES OF courts have
oAsie6ai. most unwillingiy, to pay their
debts All the quid nuncs OF the COM
munfty are on the alert. The examiner
< ana speak of MIN with great respect
sven with tiEnid depreciation, works In
mysterious way his wonder to per-
form He Is . person of largest con-
sequence. He seems to hold the fate OF
me Judge IN the hollow Of his hand
snd N he walks to the street. he re-
MINDS one OF the lines:
Tie air I tread, and as step
= feoa my advanced head knock star
IN heaven"
..Ail the while, be It remembered
I thepe 10 not syllable Of imputable
cenoure or criticism pending against
gzst.A iuA1a sv1erA alonA CHARGES ahof1Id