Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1914-06-18
Judge Dayton Impeached.

IN the F1OuSc vi NSpiCoShiou'SS 'a''
Friday resolutions OF impeachmentagainst
Judge Aston d. Dayton, judge OF the
United States Court for the northern dis
trict OF West Virginia, were formally pre-
sented by Representative M. M. Nicely,
of Fairmont. The resolutions were re-
ferred TO the Judiciary Committee. which
is given all necessary authority for inves-
tigation and hearings. The committee is
expected to create a subcommittee OF
three members to come to West Virginia
TO take evidence.
In reading the impeachment to the
House Representative Nicely made these
charges:
"That Judge Dayton assisted his son,
Arthur Dayton, young attorney prac-
ticing in his court, in preparation OF de-
tense and trial of numerous cases against
a certain corporation for which Arthur
Dayton is attorney, which cases were
tried before Aston q. Dayton"
"Wilh abusing his power and influence
as Judge TO further the interests ofhis son
in advising litiganis in his courts to dis
charge other lawyers representing such
litigants."
with having actively engaged in poll
tics and with having used his Office as
Judge to further political ambitions and
aspirations of his friends"
with having violated acts OF Congress
relating TO selection of jurors, improper
ly issued injunctons 10 prevent miners
from exercising their legal rights and
showed hatred and bitterness toward
certain miners on trial in his court tor al
legged violation OF injunctions awarded by
him."
The impeachment charges accuse the
Judge of having publicly denounced the
President of the United States from the
bench and before jury; conspirlng to
form carbon trust; refusing 10 enforce
certain federal laws; diScharging jurors
for rendering verdictS moi agreeable TO
him, stating that he would not permit the
United Mine Workers to exist within the
jurisdiction OF his court, and denounclng
that organization as one OF Criminal con-
spirators and OF being tempermentally I'M
fit Tor Judicial office"
"Conspired with certain corporations
and individuals 10 bring about the removal
OF John ]. Jackson as judge OF the Dis
tnct Court of the United States Tor the
northern district of West Virginia in order
that he, the said Dayton, might be ap-
pointed 10 fill the vacancy IN said office"
"Wrongiuly expressing his own opin-
ions in charging grand juTieS in his court
relative TO politics and other matters not
the subjects OF investigation before HIM"
Having wrongtully collected from the
government money or funds as expenses
moi due or allowed 10 him under The stat
ute which allows him his actual expenses
while holding court away from his judi
cial residence.
1t is alleged that w. H. SommerS, OF
Berkeley Springs, in behalf OF the county
court of Morgan county, Instituted SUIT
against the B. & o. Railroad Company in
the circuit court, and that the railroad
had the case removed 10 the federal court;
| that Judge Dayton called SommerS in and
told him that It was embarrassing to him
10 have Sommers in litigation with the
B. & o., since SommerS knew OF the re-
latlonS between the b. & o. and Judge
| DAYTON, and said he desired 10 see the
matter settled; that Sommers replied
that if il was embarrassing, Judge Day
ton would have to settle il; that Judge
Dayton said he would hold up the de-
murrer for few days and see what could
be done, and that in few days the b. q
O., through an agent, settled the case out
OF court, paying several thousand dollars
to the county.
Another charge declares that he is a
stakeholder in the First National Bank OF
| Phillppi, his son being director, and
that he requires receivers and trustees
appointed in cases pending before him,
such as bankruptcy proceedings, and
clerks of his court TO deposit the funds
received by them in this bank; that by
virtue of his office as judge and the power
exercised by him as such, he borrows
from said bank, together with his wife
and son, large sums of money for specu-
lation; that by reason Of his influence and
power as federal Judge he has borrowed
upon the paper OF his son and his own
paper several hundred thousand dollars
from PlttSburg banks and uses the money
in buying and selling coal and timber
lands, etc.
Ii is charged that the office expenses OF
Arthur Dayton, such as stenographer and
janitor hire, are paid blythe United States
at the instance OF Judge Dayton, since the
stenographer and janitor do the work for
both the Judge and Arthur Dayton, the
government paying their salaries; where
fore, Judge Dayton is guilty OF using the
funds of the United Stated for an improper
purpose"
The case is cited Of w. West against
the B & o. Railroad, recently tried at
Philppi, Arthur Dayton, son ofthe judge,
representing the railroad. 1t is alleged
that Judge Dayton in this case sustained
a motion made by his son to strike out
the evidence for the plaintiff and direct
verdict for the defense; that this motion
was made about noon, when the evidence
for the plaintiff had just been completed
that Judge Dayton took from his pocket
a written opinion sustaining his sons mo-
ton, which opinion had been prepared
the day before, and before the plaintiffs