The New York herald., 1921-02-12
LANDIS VIOLATES NO
LAW, SAYS PALMER
Federal Judgeship Does Not
Prohibit Action as Base
ball Arbiter.
WELTY INTRODUCES BILL
Ohio Representative Seeks to
Make MisdemeanOr to Ac-
cept Other Salary.
WELTY INTRODUCES BILL
Special Despatch TO THE New YORK HERALD.
Nam Hcvk Heruld Kurrau. !

Special Despatch 70 THE New YORK HERALD.
New York Herald Bureau,
Washington, ID. c., Feb. III. J
Judge Kenesaw Mountain Lands is
violating no law by remaining on the
bench OF the Federal District Court and
at the same time acting as national
arbitrator for organized baseball, Attor-
ney-General Palmer to-day ruled. His
opinion was contained in a letter to
Representative Welty (Ohio). who inn
mediately on receipt of the Attorney
Generals ruling introduced bill in the
House which would compel Judge Lads
to resign from one OF the positions.
The bill makes 1t "a high misde-
meanor" for judge to receive any
salary or compensation from any source
other than the Government for perform
ing the duties of an arbitrator, COM
missioner, chairman or president Of any
corporation, partnership or association
Of persons. Judge Landis now receives
$42,500 annually from baseball
Mr. Welty, in stating that he believes
Judge Lands is violating judicial stand
ards of the country. said he intends TO
force action on his bill at this session
of Congress. He probably will ask for
a hearing before the Judiciary Commit
tee within few days.
The work Of Judge Landis' court at
Chicago is jammed and several COM
plants have been made by attorneys
there, Mr.. Welty stated.
II received q telegram to-day from
District Attorney Clyne at Chicago that
there are approximately 1920 cases on
Judge Landss docket" said the Ohio
Representative. 1T would take two
years to clear this docket At the same
time / have received several complaints
from attorneys who tell me their cases
have been postponed from time to time
because Judge Lands is in New York at
tending baseball meeting or is in
backroom Of the court tending to some
baseball matters"
Mr.. Welty said he had received no re-
ply from Judge Lands to request sent
some time ago for a copy OF his contract
with the baseball magnates.
In his opinion there is no law at pres
ent to prevent Landis from holding the
two offices, Mr.. Palmer said adding:
There seems to be nothing as mat
ter of general law which would prohibit
district judges from receiving additional
compensation for other than strictly ju-
dicial services, such as acting as conf
missioner or arbitrator. There are
number of instances in which Federal
Judges have been designated by Congress
or by the Executive to act as commits
sioners to pass on claims.
aside from the general law therefor
such action could only be illegal If made
SO by some specific act Of Congress.
do not find any such act. The only two
which seem to have the slightest bear
Ing on the subject are Section l OF the
legislative, executive and judicial appro-
priation act of March 3, 1917, and Sec
ton 25s, judicial code.
This act does not apply to the present
case for two reasons. First, it's position
as a proviso to the appropriation for the
Board of Education shows that the term
government official does not extend TO
or cover Federal judges; second. the ad-
ditional compensation in the present case
will not be paid in connection with or for
the judicial services performed for the
Government
while it might be true that the
Judges duty as arbitrator would take so
much Of his time as to interfere substan-
TALLY with the performance of his judi
cial duties, this of course would be
matter to be disposed of when such IN
reference has actually occurred and
would probably be an objection only on
the ground of inco,npetency and consid-
cred upon that ground only"