The Birmingham age-herald., 1914-02-08

| tions affecting the public welfare ana or
| his sympathy with the views of those he
represents Mr.. Clayton, like all others.
has left his record behind him, he could
not escape 1t If it were bad; he could
offer no excuse If it was negative as many
are. But 1t is neither. The representa-
tive from the Third district has throueh
dilisent application to his duties and
win the aid OF an unusual gift for keen
! insight into complex and tangled lagal
problems. risen in the esteem and consid-
eration OF his colleagues in Congress. and
~ien .ne democrats came into control
OF the House at the beginning of tha
| Sixty-second session of Congress- he u,as
placed at the head of what he has made
the great committee of the judiciary
Where he has created opportunity to rem
der distinguished service to his party and
country.
Recall of Judges
whether the recently advanced no.
liuedl doctrine advocating the recall
OF Judges will prevail or not depends
| upon the sentiment that will be cre
ateu Tor 1t among the people by those
VINO favor such Legislation. 1t can he
trulhtully said, however that Judsa
IiaNton has done much in his congress
siohal career to offset the demand for
the power to recall the Judiciary. He
mas proven to the country that unaa,.
| :.
there exists remedy for the abuses
OF corrupt judges and the power to
| remove them from office. He has mar
| tlcipated in two impeachment trials
and the judiciary committee of which
ne is chairman is now considering a
thlrd' all involving United states
! judges sSs
/ OF Judge Claytons speech. Deeember
10 1914, during the Impeachment pro-
| eeedlngs against Charles Syayne it
was said:
'He delivered one of the most ex
haustive speeches upon the constitu-
.lohai provisions relating to impeach-
ineh' ,hat was ever delivered in Con-
sfess' 1t was one of the best legal ar
suments connected with the impeach-
iiient proceedings against Swayne and
tAerclsed controlling influence unon
| the action of the House in eonnection
with that celebrated case The sneecb
Is another contribution to the worlds
| knowledge concerning impeaehnapt
and will be referred to as an anthority
in all succeeding trials. He was on
'his day appointed a member of the
committee TO carry the Impeachment
before the Senate of the United States
On January 2l, 1906, he was appointed
manager to conduct the Impeachment
proceeoings. As manager he delivered
a speech before the Senate sitting as
a court of impeachment on Februarv
"a, 1905, This speech covers six
pages of the record and was in every
respect fine legal and constitutional
argument"
The Archibald Case
but IL was in the Archibald case
tried so recently, that it is fresh in
the memory of all of us. that Judea
Clayton proved his real value Ia The
country-not only as a member Of
congress, but as a really great lawyer
capable of making and interpreting the
law and defending the constitution.
| solicitor General of the United States
John w. Davis, at that time a represen-
,aliVe IN Congress from West Virginia.
ana a member of the judiciary COM
mittee of the House, and one of the
| managers of the prosecution of Arch
bald, declared:
There is no doubt that this trial
Will be historic, and it gives to the
process of Impeachment new life and
ioree. The country owes a debt OF
gratitude to Judge Clayton as chair
man OF the House committee on the
judiciary and chairman of the board of
managers for the manner in which the
proceedings have been conducted and
the results attained.
| Judge Clayton has the unique ex-
perierce of having been member of
the board of managers before the Sem
ate of the United States in two i'm
peachment trials, that of Judge Swayne
and the present trial of Judge Arch
| pald. do not recall that any mem-
Der ot Congress has had a similar ex-
rerience, and the result of this trial
vindicates the argument Judge Clay
'oh MADE In the Swayne trial which
was only excelled by the mastery
speech he made on the present occa-
| sion"
Assistant Attorney General Wrisley
Brown, who was in. charge of the pro-
ceedings against Judge Archibald on
behalf or the department of justice,
declared of Judge Claytons speech;
Judge Clayton's closing argument
VIII 1--we. 1t was admirably thought
out and delivered with strength and
poise and power
AS a specimen of forensic eloquence
IL compares fayorably with the really
great speeches that have found ex-
preston in the Senate chamber.
| THE triumph of the prosecution has
| Siyen new force to the Impeachment
clause of the constitution, and the case
Will go down in history as a towering
| landmark of the law. Clayton's fight
ing spirit has been constant source
or Inspiration to all of us throughout
this long and arduous trial, His gen
!. eraiship has been superb and he is
entitled to large credit for the per
formance of a great public service"
| Undoubtedly Mr.. Clayton made a
name for himself in this great trial
that will live long in the records of his
country.
Confidence of President
Tnat Judge Clayton has lived up to
the expectations and the confidence OF
the President with reference to the
! highly important democratic pro-
| sramme with reference to trust leg
islation is evidenced by the fact that
the recent antitrust bills eminating
| from the Judiciary committee intro
duced In the House have on the whole
met general approval all over the
country. The Sherman law long ON omr
statute books everyone recognizes as
the ground work for governmental reg
uiatlop of the great monopolies which
nave grown up in all sections of the
United States. With this law as a basis
the department of Justice has been
able to make considera BILE headwav
toward the goal of restoring to tba
business of the nation that legitimate
and wholesome competition that existed
in former days Experience has taught
however, that need of supporting leg,
islation-the clearing away of douhts
and technicalities-and in the language
of the President himself the ..reduc-
tlon Of the debatable area around tha
Sherman law" was necessary in order
hat the full measure of benefits to he
derived and obtained for the public un-
der this law might be had. That the
bills introduced by Judge Clayton win
admirably meet this situation there Is
little room for doubt And the ad
ministration is to be coneratu1atad that