The Barre daily times. (Barre, Vt.) 1897-1959, 1914-06-23
NEITHER ACQUITTAL
NOR IMPEACHMENT
Recommended in the Case of Judge Speer
of Macon, Federal Judge for the
Southern Division of
Georgia.

/
recommend complete aequittal OF
Judge Speer of all culpability so far as
these charges are concerned, on the one
hand, or an impeachment, on the other
hand.p This was the conclusion submit
ted to the House judiciary committee
to-day by the special subcommittee thai
for months has been investigating
charges of official misconduct filed
against Emory Speer of Macon, federal
Judge for the southern district of
Georgia.
The report, after an exhaustive resume
of evidence with severe comments, held
that some of Judge Speer's official ac-
tions "tend to approach condition OF
tyranny and oppression" but reeom-
mended that no further proceedings be
had by the House.
These conclusions now rest with the
full committee on Judiciary, which is ex-
pectcd to report them to the House for
! final disposition of the case before the
| Congress. The subcommittee comprises
Representatives Webb, North Carolina; /;
Fitzhenry, Illinois. Democrats; and Vol
stead, Minnesota, Republican.
| Mr.. Volstead. in a minority report,
| similarly declaring that there is no evil
dence warrantino impeachment, will at
tack the majority of the subcommittee
for eriticizing. a Judge they declare not
guilty of AM impeaehable offense.
Nineteen charges were filed with the
committee. They alleged, among other
things, that Judge Speer entertained
matters beyond his courts jurisdiction,
allowed excessive trustee fees to per
sonal friend, used his official position for
preferment of his son-in-law, A. II. Hey
ward, abused his authority by domestic
use of government paid court employees,
violated laws regarding drawing of jur-
ors, and dissipated bankrupt estates by
appointing unnecessary officials and al
lowing excessive fees.
Another charge was that, in the cas-
of Henry Jamison, a Macon negro, Judge
Speer defied the mandates of the su
preme court of the United States and
the circuit court of appeals.
The subcommittee conclusions fol-
low:
"The conclusion of the subcommittee
deduced from the evidence taken and
from the construction of the precedents
of impeachment trials, is that at the
present time satisfactory evidence suffi-
cient to support conviction upon a
trial by the Senate is not obtainable.
"In the conduct of the hearings the
committee was extremely liberal and did
not confne the witnesses to the giving of
technically legal evidence. Much evi-
denee of hearsay nature was received.
The committee felt justified in such
course in the light OF the fact that it
came to the attention of the committee
that many witnesses were apprehensiye
of the consequences of giving evidence
against Judge Speer in the event of his
acquittal. This feeling and the general
disposition on the part of the individ-
uals to protect themselves against what
was termed the wrath of Judge Speer
kept from the committee the names of
the witnesses and knowledge of the
facts in their possession. Many of the
witnesses whose testimony would be abb
solutely necessary to sustain some of the
charges made are dead. Others have re-
moved from the southern district of
Georgia and their whereabouts are un-
known.
Another phase of. the record is that
it details large number of official acts
on the part of Judge Speer which are in
themselves legal, yet, when taken to-
gether, develop into system tending to
approach a condition of tyranny and op-
- a. l.
exercise of judicial discretion, many in
stances of which have been frequently
where the cases in which they
were committed have been reviewed by
the courts of appeal, while in other sliti-
eants were unable financially, to prose
cute appeals. That the power of the |
court has been exercised in a despotie |
and autocratic manner by the Judge can
not be questioned.
The Jamison case is one OF many in |
stances shown by the record where the |
Judge. without taint of individual cor
ruption and with the apparently laud
able purpose Of purifying the community |
and inaugurating civic reform, disre
yarded the law and apparently consid
cred that the end justified the means.
"The record shows instances where the |
Judge, sitting in the trial of criminal /
,ases, apparently forced pleas of guilty |
from the defendants or convictions, and |
there is strong evidence tending to show
that in one case, at least he forced inno-
sent parties to enter such pleas through
1 fear of the consequences in the event |
Of an unfavorable verdict at the hands
of jury presided over by the Judge in
the manner peculiar to himself.
The subcommittee regrets its inabil-
ty to either recommend complete ac-
Iuittal Of Judge Speer of all culpability
so far as these charges are concerned, on
The one hand. or an impeachment on the
,ther. And yet it is persuaded that the
legal evidence at hand is not
to procure a conviction at the
hands of the Senate. But it does feel
hat the record presents series of le
ynl expressions and shows an abuse OF
judicial discretion which, though falling
,hort of impeaehable offenses, demand
and criticism.
"If Judge Speer's judicial acts in the
uture are marked by, the rigorous and
harshness shown by this rec
,rd, these charges hang as portentous
loud over his court, 'impairing his use
illness, impeding the administration of
ustice, and endangering the integrity of
he American Institutions
WIDOW OF FAMOUS INVENTOR