Norwich bulletin., 1914-06-24
JUDGE IS ID ESCAPE IMPEACHMENT
Federal Judge Spee of Macon, Ga Was Charged With Being Tyrannicsl and Exceeding Authority Subcommittee Condemns Many of His Acts, But Found Them Short of Reason for Removal

was the conclusion submitted to the house judiciary 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- sume of evidence with severe com ments. held that some of Judge Speerss official actions tend to approach a. condition of tyranny and oppression. but recommended that no further pro- , ceedings 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 comprises Representatives Webb, North Carolina. Fitzhenry, Illinois, democrats, and Volstead. Minnesota. Mir Volstead in a minority report, similarly declaring that there is no evidence warranting impeachment, will attack the majority of the sub com mittee for criticising a judge they de- clare not guilty of any impeachable of- fense.
 Nineteen Charges Filed. Nineteen charges were filed with the committee. They alleged. among other things. that Judge >Speer entertained matters beyond his court's jurisdiction. allowed excessive trustee fees to a per sonal friend, used his official position for preferment of his son-in-law A. H Heyward, abused his authority by domestic use of government paid court employees. violated laws regarding drawing of jurors and dissipated bank rupt estates by appointing unneces- sary officials and allowing excessive fees
 The committees conclusions follow:
 "The conclusion of the sub-comrnit- and from the construction of the pre- cedents of impeachment trials. is that at the present time satisfactory evil dence sufficient to support a conviction upon a trial by the senate is not ob- tainable.
 Conduct of Hearings Was Liberal. 'Tn 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 tffed in such a course in the light of the fact that 1t came to the attention of the committee 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 disposition on
 
 selves against what was termed the wrath, of Judge Speer 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 ths charges made are dead. Others have removed from the southern district of Georgia and their whereabouts are unknown.
 Approached Condition of Tyranny.
 Another phase of the record is that it details a large number of official acts on the 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 judicial have been frequently criticised where the cases in which they were com mitted have been reviewed by the courts of appeal, while in others 1it- ecute appeals. That the power of the court has been exercised in a despotic and autocratic manner by the judge cannot be questioned.
 The Jamison case is one of many instances shown by the record where the judge, without taint of individual corruption and with the apparently laudable purpose of purifying the com munity and inaugurating a civic re- form, disregarded the law and appar- emily considered that the end justified the means.
 Forced Pleas of Guilty.
 'sThe record shows instances where the judge, sitting in the trial of crim- inal cases, apparently forced pleas of guilty from defendants or convictions, and there<is strong evidence tending to show that in one case, at least, he forced innocent parties to enter such pleas through a fear of the conse- quences in the event of an unfavorable verdict at the hands of a. jury presided over by the judge in the manner pe- culiar to himself.
 The subcommittee regrets it's in- ability to either recommend a com plete acquittal of Judge Speer of all culpability so far as these charges are concerned, on the one hand, or an im- peachment on the other. And yet it is persuaded that the competent legal evidence at hand is not sufficient to procure a conviction at the hands of the senate. But it does feel that the record presents a series of legal op- pressions and shows an abuse of ju- dicial discretion which, though falling short of impeachable offenses, demand condemnation and criticism.
 'n Judge Speer's judicial acts in the future are marked by the rigorous record, these charges hang as a DOT tentous cloud over his court, impairing his usefulness, impeding the admins tration of justice. and endangering the integrity of American institutions"