Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-23
MAKES|TS REPORT
IN THE SPEER CASE
Findings of House Subcommit-
tee on Charges Against
Federal Judge.
NOT ENOUGH EVIDENCE
FOR ENTIRE ACQUITTAL
Testimony, However, Fails to War
rant Impeachment Proceedings.
Minority Report Filed.

Minority Report Filed.
"The subcommittee regrets its inability
to either recommend complete acquit-
tai of Judge Speer of all culpability so
far as these charges ARE concerned. on
the one hand, or an impeachment. on the
other hand"
This was the conclusion submitted to
the House judiciary committee today by
the special subcommittee 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 resume
of evidence, with severe comments. held
tions tend to approach a condition of
tyranny and oppression" but recon-
mended that no further proceedings be
had by the House.
These conclusions now rest with the
full committee on judiciary. which is ex-
pected to report them to the House for
final disposition of the case before the
adjournment of the present session of
Congress. The subcommittee comprises
Representatives Webb, North Carolina; !;
Fltzhenry, Illinois. democrats, and Vol
stead, Minnesota, republican
Mr.. Volstead, in minority report SINH
iarly declaring that there is no evidence
warranting impeachment, criticised the
majority Of the subcommittee for CRITICS.
ing judge they declare not guilty Of
any impeachable offense.
Nineteen Charges Filed.
Nineteen charges were filed with the
committee. They alleged. with other
things, that Judge Speer entertained
matters beyond his courts jurisdiction.
allowed excessive trustee fees to a per-
sonal friend. used his official position for
preferment of his son-in-law, A. H. Hey
ward: abused his authority by domestic
use OF government-paid court employees,
violated laws regarding drawing of
Jurors, and dissipated bankrupt estates
by appointing. unnecessary officials and
allowing excessive fees.
Another charge was that in the ease
Of Henry Jamison. a Macon negro.
Judge Speer defied the mandates of the
Supreme Court OF the United States and
the circuit court of appeals
The subcommittee conclusion follows:
The conclusion Of the subcommittee,
deduced from the evidence taken and
from the construction Of the precedents
OF impeachment trials, is that at the
present time satisfactory evidence suffl-
cient to support a conviction upon a trial
by the Senate is not obtainable.
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 evil
dence of a hearsay nature was received.
The committee felt justified in such
course in the light of the fact that it
came to the attention Of the committee
that many witnesses were aprrehensive
of the consequences of giving evidence
against Judge Speer in the event of his
acquittal This feeling and the general
disposition on the part Of individuals to
protect themselves against what was
from the committee the names Of the
witnesses and 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 southern district Of Georgia.
and their whereabouts are unknown.
Another Phase Discussed.
Another phase Of the record is that
it details large number OF of1cial acts
on the part of Judge speer which are in
themselves legal. yet when taken to-
gether develop into a system tending to
approach a condition of tyranny and op-
preston. There has been an inequitable
exercise of judicial discretion. many In
stances Of which have been frequently
criticised, where the cases In which they
were committed have been reviewed by
gants were unable financially to prose-
cute appeals. That the power OF the
court has been exercised in despotic
and autocratic manner by the judge can
not be questioned.
1.-The Jamison case is one of many in
stances shown by the record where the
Judge, without taint of individual cor
ruption and with the apparently lauda-
BILE purpose Of purifying the community
and inaugurating civic reform. disre-
garded the law and apparently considered
that the end justified the means.
..The record shows instances where the
Judge, sitting in the trial of criminal
cases. apparently forced pleas of guilty
from defendants or convlctions. ana
that, in one case at least. he forced in
nocent parties to enter such pleas through
a fear Of the consequences In the event OF
an unfavorable verdict at the hands OF a
jury presided over by the judge IN the
manner peculiar to himself.
Unable to Reach Decision.
The subcommittee regrets its inability
either to recommend complete acquittal
of Judge Speer of all culpability so far as
these charges are concerned, on the one
hand, or an impeachment on the other.
And yet 1t is persuaded that the COM
petent legal evidence at hand Is not suf-
fcient to procure a conviction at the
hands of the Senate But 1t does feel
that the record presents a series Of legal
expressions and shows an abuse OF judi
cial discretion which. though falling
short of impeachable offenses. demand
condemnation and criticism.
"If Judge Speer's judicial acts in the
future are marked by the rigorous and
4nfiexible harshness shown by this rec
ord these charges hang as a portentous
cloud over his court. impairing his use
fulness. impeding the administration of
Justice and endangering the integrity OF
American institutions"
Summary of Findings.
The report takes up the charges in de-
tail and comments on them at length.
1t Includes these findings:
"A reading of the record makes It
plainly evident that throughout the long
period Of his service of almost thirty
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