Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1915-03-04
Guilty But Not ImpeachabIe"
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by him in which reasons are give1
why there. SHOT, - a payment O.
larger dividends.
I Mr.. "A. T. Sweeney. the secretary Of
the Acm Carbon Co, testified that tc
his knowledge Judge Dayton was moi
concerned in the making of the con
tract between the Acme Carbon Co
and the Federal Carbon Co., and. that
the Acme Carbon Co. was solvent
corporation.
XXI. Whether he openly stated
hat he would not permit the United
Nine Workers of America to exist
within the jurisdiction of his court j;
Ind whether. he has stated in open
'ourt that the United Mine Workers
{ America are criminal conspirators. -
The evidence adduced shows that
Judge Dayton has said that in certain
asses, under what he called the old
constitution and bylaws Of the United
Nine Workers of America, the mem
oers thereof who held to such belief
md gave practice and effect to the
constitution and bylaws were Grimm
al conspirators, and, having formed
that opinion, which is very positive
with him, he has steadfastly maintain.
ed it, and it is in evidence that he has
sad in a certain case that if the evil
adence disclosed that the defendant
was a member of the United Mine
Workers of America, he wanted no
further evidence to determine guilt
and impose punishment as for an
alleged contempt Of court.
"XII. Whether he has been guilty
Of any misbehavior for which he
should be impeached"
The evidence adduced shows, that II
1905, at time when he was Federal
Judge of the northern district Of West
Virginia, at the request of certain poll
teal and personal friends and bust
ness associates, Judge Dayton gave a
letter to them for use in behalf Of the
sale of either stock of the company or
lands controlled by the company of
he Meadowvale Coal Co.
The Meadowyale Coal Co. was a
corporation organized by these politi-
cal, personal and business friends and
associates of Judge Dayton to open up
coal mining operation very near t
GAL lands in which Judge Dayton had
:. financial interest, and for the pur-
pose of selling stock the Meadowvale
Coal Co. issued a prospectus in which
it caused to be printed in most
prominent manner the letter given by
Judge Dayton to the promoters of the
Meadowvale Coal Co., this letter being
written upon the official letterhead OF
he Judge, being addressed ITO whom
Il may concern" and reciting his be
ief in the integrity Of the company
nd the value of its holdings, concern
ng which last, as a matter Of fact,
here was some question.
The evidence adduced also shows
hat in charges to grand juries Judge
Dayton expresses in the most positive
and sometimes Incorporate language
his own personal views on matters
which may be presented to the grand
Jury, and that he discusses in these
charges certain questions Of political
or economic nature which have abso-
utely nothing to do with the delibera-
lions of the body addressed, giving his
personal opinions upon these irreley,
ant matters.
The evidence also shows certain
Violence of language in commenting
IN vcrdicts of juries, although it is
out fair to say that the seeming in.
consistency of at least one of the yer.
diets so commented on is apparent.
The evidence adduced shows that
Judge Dayton has financial interests
in number of enterprises In his judi
sial district and vicinity, and is Dor.
.swer and indorser Of and for a large
mount of money. but the evidence
iscloses no connection Of official mis-
,nduct Herewith. - IL
Certain instances of alleged political
sctivity on the part Of Judge Dayton
.fnce he has been upon the Federal
,ench have been given by WITNESSES
is well as the fact Of his appointing
IN aged negro as - personal attend
ant" for which the Government Of the
United States paid the sum Of $40 pei
month. the work Of this negro being
II