Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1916-01-27
WHITE TELLS OF
DAYTON PROCEEDINGS

-, A4 =. Wull0, IN MS report to
me convention of the United Mine
workers now being held in this city.
gave the following account of the pro.
ceedlngs toward the impeachment OF
Judge Dayton, of West Virginia:
Proceedings Against Judge Dayton.
BY direction of the International
executive Board, our attorney in West
virginia, Mr.. A. M. Belcher, was an.
/ ehorlzed to promote an Investigation
INTO the official conduct of Aston G.
Dayton, United States District Judge
tor the Northern District of West Vir.
glnia, with a view to securing his
impeachment.
The following resolution was adopt-
q Dy ttfe 6Srd Confress of the United
states on the 9th day of February.
1915:
Resolved, That the committee on
he Judiciary be directed to INQUIRE
and report whether the action of this
house Is necessary concerning the
alleged official misbehavior of Alston
Z. Dayton, United States district
Judge for the Northern District of
West Virginia; whether he, the said
aston q. Dayton, has unlawfully
onsplred with certain corporations
Ind individuals to bring about the re-
moval from office of the late John ].
Jackson, Judge of the District Court
OF the United States for the Northern
District OF West Virginia; whether he
has shown marked favoritism to GER
tain corporations having extensive
litigation in his court; whether he
las summoned on juries in his court
persons connected with certain cor
oorations. to which he has shown
marked favoritism during his term of
office; whether he has abused his
power and influence as Judge to
urther the interests of his son. Ar.
thur Dayton; whether he has violated
he acts of Congress regulating the
selection of jurors; whether he has
ent his services as judge to the coal
operators of West Virginia by impro-
oerly issuing injunctions. whether he
as shown hatred and bitterness to.
ward miners on trial In his court:
whether he has conspired with Ger
45e to discourage and prevent said
miners from exercising their lawful
right to organize and peaceablyN as
semDle under the laws of the United
States and the State of West Virginia:
whether. he has conspierd with GER
tain corporations and individuals in
the formation OF carbon trust, in
violation of law; whether he has open
~ stated that he would not permit the
United Mine Workers Of America to
exist within the jurisdiction of his
court; whether he has stated in open
court that the United Mine Workers
OF America are criminal conspirators;
and whether he has been guilty Of
any m1sbehayior for which he should
be impeached.
And in making this Investigation
the said committee is hereby author
lied to send for persons and papers,
administer oaths, take testimony, en-
ploy a clerk and stenographer, If ne
:essary and is also authorized to ap-
point subcommittee to act for and
IN behalf of the whole committee
whenever and Wherever 1t may be
deemed advisableNto take testimony
for the use of said committee. The
aid subcommittee while so employed
shall have the same powers in respect
to obtaining testimony as are herein
,iven to said committee on the judi.
2iary, with a sergeant-at-arms, by
himself or deputy, who shall serve the
recess of said committee or sub-com-
mittee, and shall attend the sittings
OF the same as ordered and directed
thereby.
The speaker shall have authority
to sign, and the clerk to attest sub
poenas for any witness or witnesses.
/ THE expense of such investigation
shall be paid out of the contingent
fund of the House on vouchers ap-
proved by the chairman Of the judi
clay committee and approved by the
committee on accounts and evidenced
by the signature Of the chairman
thereof"
Among all the federal judges who
have opposed the men of labor, Judge
Dayton probably stands as the most
conspicuous and uncompromising.
The resolution was referred to the
judiciary committee and an investiga-
lion was made by a subcommittee of
he judiciary. Witnesses were exam
med in Parkersburg and Wheeling,
W. Va, and Washington, D. c., and
their testimony revealed the most as
founding official conduct on the part
of Judge Dayton. Many conVersant
with the evidence developed by these
hearings entertained no doubt about
the ultimate impeachment of Judge
Dayton. However, the subcommittee
reporting on the matter on March 3,
had this to say: r:5s
This evidence shows many matters
of individual bad taste on the part Of
Judge Dayton, some no. of that high
standard of judicial ethics which
should crown the federal judiciary,
but a careful consideration of all the
evidence and attendant circumstances
convinces US that there is little posi-
bility of maintaining to a conclusion
of guilt the charges made, and impels
US, therefore to recommend that there
be no further proceedings herein.
HENRY C. DANFORTH."
WARREN GARD.
March 3, 1915.
Il concur with my colleagues in tho
A@A = 1,,r& L.