The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1914-06-24
BY ASSOCIATED PRESS,

Washingtor, June 23-"The sub
committee regrets its inability to
either recommend a complete acquittal
of Judge Sreer of all cuIpability so
far these charges are concerned,
on the one hand, or an impeachment,
on the other hand" This was the con-
ClusiOn submitted to the house judi
ciary committee today by the special
sub committee that 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 re-
sumo Of evidence with severe COM
ments, held that some of Judge
Speers official actions tend to ap-
proach a condition of tyranny and OPP
PRESTON" but recommended that no
further proceedings be had by the
house.
These conclusions now rest with the
full committee on judiciary, which is
expected to report them to the house
for final disposition of the case before
the adjournment of the present ses-
sion of congress. The subcommittee
comprisesI Representatives Webb,
N5rir, Errolina: Fitzhenry, Illinois,
democrats, and Volstead, Minnesota,
republican.
Mr. Volstead in a minority report.
similarly declaring that there is no
will attack the majority of the sub
committee for Criticising a judge they
declare not guilty of any impea chab!e
offense.
NINETEEN CHARGES.
Nineteen charges were filed with
the committee They alleged, among
other things, that Judge Speer enter
tanned matters beyond his courts Juris-
diction, allowed excessive trustee fees
to a personal friend, used his official
position for preferment of his son-in-
law. A. H. Hayward, abused his au-
thority 0y domestic use of govern
ment paid court employees, violated
laws regarding drawing of jurors, and
dissipated bankrupt estates by ap-
pointing unnecessary officials and al
lowing excessive fees.
Another charge was that, in the
case of Henry Jamison, a Macon ne
gro Judge Speer detied the mandates
of the supreme court of the United
States and the circuit court Of appeals.
The subcommittee conclusion fol-
lows:
The conclusion of the sub-commit-
tee deduccd from the evidence taken
and from the construction of the pre-
CedentS of impeachment trials, is that
at the present time satisfactory evi-
Gence sufficient to support a COnViC-
ton upon a trial by the senate is not
obtainabIe.
In the conduct Of the hearings the
committee was extremely liberal and
did not cOnfine the witnesses to the
giving OF technically legal evidence.
Much evidence of a hearsay nature
was received. The committee felt jus
titled in such a course in the light of
the fact that it came to the attention
Of the comnittee that many witnesses
were apprehensive of the consequences
Of giving evidence against Judge
Speer in the event of his acquittal.
This feeling and the general DISPOSE
ton on the part Of individuals to pro-
tect themselves against what was
termed the wrath of Judge Speel
kept from the committee the names of
the witnesses and a knowledge Of the
facts IN their possession. Many of
the witnesses whose testimony would
be absolutely necessary to sustain
some Of the charges made are dead.
Others have removed from the south
whereabouts are unknown.
CONDITION OF TYRANNY.
another phase OF the record is that
it details a large number of official
acts on me part of Judge Speer which
are in themselves legal yet, when
taken together develop into a system
tending to approach a condition of
tyranny and oppression. There has
been an ineQuitable exercise of judi
ciaI discretion. many instances OF
which have been frequently criticised
where the cases in which they were
committed have been reviewed by the
courts If appeal While in others liti-
giants We're unable financially, to pros
ecute appeals. That the power of the
court has been exercised in a despotic
and autocratic manner by the judge
can not be questioned.
The Jamison case is one of many
instances shown by the record where
z hA VII a nT iTH HiX-id
corruption and with the apparently
laudable purpose of purifying the
community and inaugurating a civic
reform. disregarded the law and ap-
parently considered that the end JUS
titled the means.
THE record shows instances where
the, judge sitting in the trial of Grim