Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1914-05-14

said coal company's properties; that
his treatment of said miners is unjust
and tyrannical and without precedent,
and is due to the fact, among other
things, that he is financially interest.
ed in coal mines, his sympathies being
with the operators side of the CON
troversy existing between said opera.
Tors and their miners in the northern
district of West Virginia, and is cor
ruptly using his Office as Judge to dis
courage and prevent the miners OF the
said State of West Virginia, and esne.
clally those Of the northern district
from exercising their lawful righfs
under the laws of the United states
ano the state OF West Virginia. Where
lore, ne. the said Judge Dayton is
sullty OF nlgh crimes and misdemean-
ors in office.
Fifteenth That the said Judge
Dayton in addition to his holdings in
coal mines and coal lands, is interest
cd In oil and gas lands in the northern
district OF West Virginia; that it is
claimed that his business dealings.
relative to the buying and selling Of
coal lands in the northern district of
west Virginia, in many instances, are
fraudulent; that it is claimed that he
made false representations relative to
ne character of his holdings, and that
persons have been induced to contract
with him by virtue of such false rep-
reservations, and it is claimed that IN
certain litigation growing out of such
transactions, some of which are now
pending, he has deliberately made
false statements under oath while ex-
ahmed as a witness in said litigation
relative to the transactions which he
has made in reference to the sale of
said coal lands; that by reason Of his
active participation in such business
matters, and the nature of such trans
actions made by him, are such as to
lower his dignity as a Judge and
causes the people residing in his dis
tr1ct to look upon him with disrespect
and as unfit to occupy the high Office
OF Judge of the Federal Court; that in
ADDITION to charging grand juries en-
panneled in his court, upon questions
Of law and their duties as such grand
1ur1es, he wrongfully proclaims his
private sentiments relative to politics
and other matters, not the subjects of
investigation, and his charges relative
to the said Offenses are very bitter
and unwarranted, especially in refer
ence to those who may be guilty of a
violation of the revenue laws. often
times telling grand juries that a per
son who would sell whiskey, "Would
sell his son to be- gambler and his
daughter to prostitution or words of
like character, import, meaning and
effect; that from the character Of his
charges to said grand juries, it is ap-
parent that he entertains a deep and
aDldlng prejudice, and that he cannot,
by reason of the feeling and prejudice,
preside as fair and impartial Judge
and mete out justice to those charged
with such violations Of law.
Sixteenth. That the said Judge Day
ton abuses his power and influence as
Judge to further the interests of his
son, Arthur Dayton in this, that he,
the said Judge Dayton, advises liti-
giants who have Controversies and liti-
cation in his court to discharge other
lawyers representing such litigants,
stating to such litigants that their
lawyers will not be honest with them
relative to their litigation; that they
Will sell out, ETC., and that for that
reason they ought to employ his son,
Arthur Dayton to represent them in
such litigation pending in his, Judge
Dayton,s court; that by reason of
these statements so made to such lit
igants by said Judge Dayton and by
reason of his power and influence as
Judge, SO wrongfully exercised, and
for NO other reason or cause, certain
litigants have been induced to so en-
ploy the said Arthur Dayton to repre-
sent them in litigation pending in said
court over which the said Dayton pre-
sides as Judge; that said Arthur Day
ton is young man having only few
years experience in the practice of
law, and such practice is almost ex-
clusively limited to the district court, |
over which his father presides; that
because Of the matters and things
herein Contained, the said Judge |
wrongfully and corruptly exercises his |
high office, power and influence to
further the interests of his son, Ar
thur Dayton in the practice Of the law
and to further his own interests: that |
said Arthur Dayton is young unmar-
ried man living with his father and is |
associated in business with his father |
that the interests of the son is the |
interests of the father. Wherefore, he,
the said Judge Dayon, is guilty Of high |
crimes and misdemeanors in Office.
Seventeenth. That the abuse of |
judicial power exercised by said Judge |
Dayton, has become so fragrant and |
violative Of the rights of the citizens |
in the northern district Of West Vir-
ginia and especially the labor ele- |
ment; that the citizens residing in the |
n Orfho rT1 dfcfri0f nf Mast Int
have protested against the further |
abuse Of such power, and more than
twelve thousand citizens residing In
the northern district of West Virginia,
have personally signed petitions re-
questing the President Of the United
States to order an investigation Of the
official conduct of the said Judge, and
to remove him from office.