The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-05

49, -@tst1 'AN44 ~ . NC
made. This was then done. Messrs,
Gard and panforth recommending
that no further edings be taken.
while Mr. McGiilicuddy. concurring
with the statement OF facts proven.
dissented from the Recommendation
of his colleagues, giving 1t as his
opinion that the evidence taken and
the finding OF the facts thereon war.
ranted further proceedings looking
toward impeachment.
The subcommittee report gives
the proven facts on each . of the
charges preferred against Judge Day.
ton, starting with the charge that he
conspired with certain corporations
and individuals to bring about the re.
moyal of his predecessor, the late
John J. Jackson. This, in the com.
mittee's mind, was one Of the most
serious Of the charges. While the
report declares the charge OF ICON.
spiracy" was not sustained, 1t holds
that the accused "yas fully informed
of the investigation OF the official
and private life Of Jackson and gave
aid and advice to those in charge OF
the investigation And in connection
with this particular charge the CON.
mittee. says: 1T Is but just to the
memory OF Judge Jackson to say that
the circumstances surrounding his
resignation do not make for miscon.
duct in official life"
The report finds that the evidence
is insufficient to prove that Judge
Dayton showed marked fayoritism to
certain corporations have extensive
business in his court, nor that any
wrong or miscarriage of justice oc.
CURED when persons connected with
corporations for which he was
charged with favoring, served jurors;
nor that the accused abused his pow
er and influence as a Judge to further
the interests Of his son, Arthur, at.
torney for the B. & o. Railroad com
pany. and successor to his, father in
that capacity.
Reviewing the evidence as to Judge
Dayton's conduct in injunctions and
labor cases, the committee refers to
the fact that some of his injunctions
were very drastic, and that he
showed "hatrcd and bitterness" to.
ward striking miners who were ar.
raigned in his court. at is but fair
to say" reads the report. that the
cases last referred to Striking cases.
were intimately associated with a
very serious dispute between the W.
Va. Coal company and certain mem.
bers of the United Mine Workers OF
America. a condition in which mum.
Der of miners were on strike, and the
circumstances surrounding these
trials referred to were very unusual
and probably afforded opportunity
for aggrayation, but the evidence
produced shows that the time during
these trials, Judge Dayton was very
impatient Of hearing what the de-
PENDANTS had to say, his manner was
heated and imprisoned. he was la
boring under much emotional excite.
ment, and his conduct generally that
of one who had prejudged the cases
before him." A resume OF the evil
,dence as to Judge Dayton's connec.
ton with q carbon factory, his utter.
ances from the bench in opposition to
the United Mine Workers and certain
Of It's officials, is given, but no com.
ments by the committee thereon.
1.-THE evidence adduced," says the re.
port, "also shows that in charges to
grand iuries Judge Dayton expresses
In the most positive and sometimes
incorporate Language his own per.
sonal views on matters which may
be presented to the grand Jury and
that he discusses in these charges
certain questions OF a political or
economic nature which have abso-
lutely nothing to do with the delibera.
lions of the body addressed. giving
his personal opinions upon these III.
relavent matters" He also has
shown "a violence Of language" in
commenting OH Jury yerdicts in his
court; that while he is interested in
many enterprises and is large Dor.
rover OF money, ''the evidence dis
closes no official misconduct there.
with"
at Is a most unpleasant task con.
tinues the report, ito be called upon
TO express judgment OF the tempera.
mental efficiency of a Judge since hui