The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-22
OF the Charges Made the Basis
of His Impeachment BY
Congressman Nicely.
STANDS READY TO FIGHT
Committee viii Consider An.
sWer Made by Judge Day
ton before Final Action.
ta.re,.l - a. rrlranA.,


him in the impeachment proceeding
recently instituted In the House Isl
made by Judge Aston G. Dayton In
a statement filed by him with the
House judiciary committee. The come
mtttee has postponed further consid-
Grafton of the impeachment resolu-
ton until the return Of Congressman
Nicely, who impeached Judge Dayton,
which Is expected within few days.
So far, the resolution directing the
judiciary committee to investigate the
conduct of the Judge has not been
adopted. but is with the judiciary
committee for report as to whether 1t
should be adopted or not. Upon the
return OF Mr.. Nicely he will appear be-
fore the committee and tell the mem
oers what 1t is expected to prove In
connection with the impeachment.
The committee will take the state
ment Of Mr.. Nicely in connection with
the charges and the answer of Judge
Dayton will then determine whether
to recommend the adoption Of the Inn.
parchment resolution or not. II IL
Is adopted the committee will then
proceed to investigate. II 1t is not
adopted, the case will end.
In connection with the case, state
ments have been published purport-
ing to be interviews with Judge Day
ton to the effect that he believes the
proceedings against him have been
tnstigated by the bartenders and sa-
loon keepers Of the state in retalia-
ton for the active part played by him
in bringing about statewide prohi-
bition. To this charge, Albert NJ.
Belcher, attorney for the labor lead
ers who kept at 1t till they had the
impeachment proceedings started.
stated to the writer that he had never
discussed the Dayton impeachment
with any liquor dealer or REPRESENTS
tive OF liquor interests at any time,
so far as he knew; that he does not
now represent and has not at any
time represented any liquor interest
in any capacity, except for one or two
trivial local cases which he had sew
eral years ago IN court in Charles
ton, and that he withdrew as coufi-
sci in these cases after having them IN
charge short time.
In Defense OF His Honor.
Seeing charges against him in .
labor paper at Wheeling some time
ago, Judge Dayton prepared then 3.
series of answers to the charges.
Later he found the charges had been
changed before they were presented
to the Congress, and he added sup-
Elemental answer. In this he says:
In defense Of my honor and reputa-
ton, 1 expect to take UP and refute
these charges as often as they appear
and In as many forms as they appear.
and to this end this supplemental
statement is made"
In regard to the charge that he con-
sptred to get Judge Jackson OFF the
bench so he could succeed him, Judge
Dayton says that the bill providing
for the retirement of federal Judges
was passed when he was IL years old
and more than quarter of q century
before he entered Congress-; that IL
was amended four years after his con-
hrmation as judge. He denies that he
ever employed a detective to shadow
any person, particularly Judge Jack
son; denies that he paid or secured
payment or had any knowledge Of any
payment of Judge Jackson to retire
from the bench; and denies that he
had seen Judge Jackson for many
months prior to his retirement or
that he ever directly or indirectly dis
cussed such resignation with him. He
denies that the investigation of Judge
Jackson's conduct was instigated sole
~ by the direction of Theodore Roose
welt, who was then president. He files
with this answer letter from former
President Roosevelt stating that he
had instituted the Investigation:
that Judge Dayton had nothing to do
with it and that he had appointed Nr.
Dayton judge without solicitation
from anybody.
No Marked Favoritism.
Judge Dayton says 1t is absolutely
untrue that he has shown marked Ia
yorittsm to TIE Baltiomre and Ohio
Railroad Company. He says his only
connection with the B. & D. road has
been as local attorney for Barbour
county from the time the Grafton and
Greenbrter road was acquired by the
d. q o. until he went upon the bench
ana the only compensation he ever
was an annual pass over the
road. He says Fred o. Blue sue
ceeded him as local counsel and AR
thur Dayton became Blues partner.
When Blue became State Tax Com
Arthur looked after the Ie-
gal work for the firm. Arthur Day
ton has appeared Just four times as
counsel in defense OF the B. & o. Ia
his court, says Judge Dayton. In one
case the company confessed Judgment
and two others are sim pending. The
other is the West case mentioned
In the charges. Judge Dayton
brands as absolutely false and
untrue" the trivial and silly
charge" that he took q writ
ten opinion from his pocket in this
case, which had been prepared in the
Joint ONCE Of himself and his SON. he
denies that they have a joint once.
The statement that he left the bench
and assisted his SON in the cross ex-
animation Of witnesses he character
ICES as silly and absurd. He files with
his answer an affidavit from the court
stenographer that he had asked Just
three questions from the bench, an
relating to location and conditions
sxisting at the point Of the accident
which was the basis OF the suit.
lays J. w. VanderYort, of Parkers