The Washington herald., 1921-02-12
new BILL WOULD
MAKE DUAL ROLE
FOR JUDGE ILLEGAL
Palmer Holds Existing
Law Does Not Affect
Baseball Head.

The second step in the movement
in Congress to force Federal JudEs
Kenessw Mountain lands Of Chi
csEo 20 give Up his f42.5Oo a yesT
job as baseball arbitrator or resign
from the bench was taken yester-
day.
Advised by Attorney General Pal
mer that no law exists prohibiting
Judge lands from serving in the
dual capacity. Representative welty
Of Ohio introduced a bill making the
acceptance Of outside compensation
by a Federal judge a high misue-
meSnor.
A judge guilty Of a high misde-
meanor automatically would be sub
ject to Impeachment by Congress
In his letter to the Attorney Cen
eral, Welty asked for an opinion as
to whether "it IS a misdemesnor for
Federal Judge to receive an emol-
Ument in addition 10 his salary for
acting as an arbitrator on matters
which might come into his court"
4 have examined the subject
Palmer replied today. and you are
advised that il is not a crime. ether
misdemeanor or felony"
The Attorney General cited laws
prohibiting government oficials and
employees from receiving any salary
from any source other than the gov
ernment, and also prohibiting Ped
ersl judges from engaging in the
practice OF law.
Scope Of Law cited.
He pointed out however. that
theset statutes did not AFFECT a Fed
eral judge in the capacity now Oc-
cUpied by Judge lands as baseball
arbitrator. and declared It evidently
was deliberately decided by Con-
gress not to go further than 10 pre-
hibit the employment OF judges a.
counsel or attorneys,
while II might be true" the At
torney General continued. that the
judges duty as arbitrator would
take so much Of his time as to in
terfere with the performance OF his
judicial duties. this. Of course would
be a matter to be disposed OF when
such interference has actually oc-
CURED. and would probably be an
objection only on the ground OF in
competency. and considered upon
that ground only"
Bearing on the question Of inter
ference with Judge Lands judicial
duties, Mr.. Welty made public =
. telegram received from District At
/ torney Cline. at Chicago, stating
/ there are now pending in Federal
/ District Court in Chicago approx
msteIy s2I criminal cases and 5rs
civil cases Judge Carpenter also
presides over this court.
Impeachment Threatened.
In his letter asking District At
torney Cline for this Information.
Mr.. Welty wrote:
Expect TO have a hearing before
the committee in the lands mat
ter. II not. shall take it Up on
the floor OF the House with a view
OF impeaching him
Judge lands has got TO get out
OF one job" M. Welty declared.
The judiciary is the bulwark Of
OUT liberty. II he can do this, there
is no reason why the justices Of the
Supreme Court could not DO Il also
Judge Landis was the FIRST JudEo
appointed to clear up a conCested
docket. Now he runs away when
the docket is piled Up again. Il
will take at least two years to clear
VI the docket in his court al the
present rate Of dispOsinE OF cases.
Il have received a large number
OF complaints from lawyers in Chi
Cago because Of this congestion and
the consequent delay in bringing
cases to trial. or course. ] am TO-
going to give out the names OF these
lawyers. for obvious reasons. but
they state they cannot get trials
because Judge Lands is busy Uith
baseball matters
When they so 10 see him. thry
tell me. they are told he is in New
York with 'Grift.' MCGraw. Connie
and others At other times they
learn he is in his baseball secre'
tary'S ONCE"