Evening star., 1926-03-26
MINORITY REPORT
DEFENDS ENGLISH
Denies Jurist Is Guilty of Cor
ruption, Oppression or
Illegal Actions.
BY the Associated Press.

BY the Associated Press.
Impeachment of Federal Judge
George w. English of the eastern H.
linois district was opposed today in Il
minority report filed by three mem
bers of the House judiciary committee.
With this action. following submis
sion yesterday of the recommendation
of the committee urging impea chment.
all of the conclusions drawn from ~
months investigation of the case was
placed before the House.
The minority report. embracing %
typewriter pages. is signed by Repre-
sentatives Bowling, Democrat, Ala
bama: Weaver. Democrat, North Caro-
lima. and Hickey. Republican, Indiana.
1t disagreed with the conclusions of
the majority both as to facts and
law and was submitted, it's introduc-
ton said, 'as duty to our colleagues
in the House who will not have time
or opportunity to study this evidence
and judge of its probative character
and force
Agreeing with the majority as to
the Federal status of the judge, the
minority took up each article of fact"
in the committee recommendation and
presented it's dissenting arguments
and conclusions.
Most OF the sections were concluded
with the statement that no corrupt
motive is shown" and in regard to
alleged threats against State officials
at the time of the 1922 Illinois coal
strike, it was stated that the jurist
"is susceptible of the best motives. If
not commentator" for his action
during this period which was con-
demned by the majority of the COM
mittee.
Says Charges Unsupported.
Assailing the five articles Of i'm
parchment reported as an omnibus
charge to establish "a course Of con-
duct showing tyranny, oppression and
habitual official misbehavior." the re-
port says this accusation was wholly
unsupported by the testimony.
I'm bankruptcy cases handled by
Mr.. Thomas" the report continued.
amounting to some 400 or 500 annu
allv for a period of seven years" the
report continued, there is not the
slightest evidence of any wrongful
administration Of a single estate. No
person in interest in any of these
hundreds of cases has complained in
this record.
The Thomas mentioned is Charles B.
Thomas, former referee In bankruptcy
appointed by Judge English. The
court was sharply criticized by the
majority report.
Neither do we find any evidence
on this record of any attorney or liti-
CANT outside his district. either in
New York or elsewhere where Judge
English held court, complaining of
his conduct as Judge" the report
says.
1--WE do, however, wish the House
to consider the well established
principle that every defendant has
thrown around him the presumption
of innocence until his guilt is estab-
lished beyond a reasonable doubt, and
further, that If from a given state of
facts there may be drawn two inter-
ences. the one favorable and the other
unfayorable, it Is the duty of him who
sits in Judgment to adopt that in
ference favorable to the accused.
Charge He Wrote New Rule.
"Change in rules of court. Upon
being indicted into office Judge Eng
lish found an order intended to con-
troll the activities Of referees In bank
ruptcy, and shortly after assumption
of office he wrote a new rule. 1t may
reasonably be said that the two rules
are the same, couched in different
pnraS6OlOBy, DuI tHc SdHic III thCii
! purport and effect.
Bankruptcy ring. In complete an.
swer to this alleged finding of fact
| it Is sufficient to say that all Of the
testimony in this case shows that
Judge English established five depos-
| tories in his district, where, before
| he became Federal Judge, there was
but one depository. At no time did
any one depository hold an unusual
amount Of bankruptcy funds.
"Favoritism. partiality and unlaw.
| full appointment of two receivers. All
| of the appointments to receiverships
| cited in the majority report were in
1924, running from January to July
or August.
"The facts in each instance failed to
| show anything that even indicated
an impeachable offense on the part of
! Judge English. In each important
receivership Thomas was appointed
at the specific request of the parties
| in litigation. Evidently Thomas man.
aged them with discretion and ability
as no parties in interest complained
| in this record. Under the power of
| positive truth an impeachment upon
| the grounds Of these receiverships
cannot be justly sustained"