Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-04-13
Public Demand for Inquiry
Made After Judge Resigns

Special requirement that all courts
should be beyond the reach of any ac-
cusation impels the American public to
protest that Federal Judge Francis A.
Winslow's case should not be dropped. He
resigned his post in New York State in
the face Of threatened impeachment
proceedings, maintaining that the filing
Of charges in connection with bank
ruptcy matters had impaired his useful
ness and injured the prestige of the
bench. Printed comment fails to sup
port his contention.
IF he had faced the music and had
been shriven of blame, so that he could
have stood forth not as a judge whose
judicial acts were subject to criticism,
but as manifestly the victim of malicious
persecution, then no manner of charges
could have worked injury to his repu-
tation," affirmS the Charlotte Observer,
referring to the grand jury announce
ment that 1t found mo evidence which
1t was willing to accept in a criminal
sense, but at the same time finding that
the judge had been guilty of serious in
discretions.'
Where any case warrants the formal
presentation Of charges" in the opinion
of the Schenectady Gazette, "a judicial
determination Of guilt or innocence
should be had. Only In that way can
the dishonest be punished and deferred
from continuing their criminal activities,
and only in this manner can the inno-
cent be assured of justice" The Salina
Journal advises that Congress should
go ahead with its inquiry and should
find out, for the benefit of the public,
If the judge has been abusing the power
that was given him and the trust placed
In him by even fraction of the mis-
deeds charged against him in bank
ruptcy cases. And II it is proved true
continues that paper, there are many
people who believe punishment should
not consist merely OF resignation"
X \ y
1.-THE effect of the resignation of the
defendant on impeachment proceed
ings," remarks the Detroit Free Press.
was argued at length in the Senate in
the case of William w. Belknap, Secre-
tary of War, who was impeached in
1876 for accepting money to appoint and
retain in Office q fur trader in the In
dian Territory. A few hours before the
House voted to impeach him Secretary
Belknap resigned and the President ac-
cepted his resignation. Then he ar
gued that, as a private citizen, he could
HUI NC u1pCdClACu Lie Oc1ldLc, AOW-
ever, after nearly months debate,
voted, 81 to 20, that the impeachment
might proceed. A majority of the Sen
ate found the defendant guilty, but as
the two-thirds vote necessary to convict
was not obtained, Secretary Belknap was
acquitted"
"While the resignation cannot be
construed as a confession" says the
Roanoke World-News, the prompt re-
tirement of Federal judge under fire
creates a distinctly bad impression.
In view of the charges that
have been brought as to the way in
which some Federal courts handle
bankruptcy cases, 1t would seem that
the matter has now gone too far to be
dropped on the resignation of Judge
Winslow." The Cincinnati Times-Star
looks upon the resignation "as in
effect plea of guilty" and that paper
argues: Judge Winslow has removed
himself rather than face his accusers.
He prefers the penalty without the
ordeal of trial, which is the preference
of any man who pleads guilty.
The honor Of the courts demands that
the matter be pursued"
y n =
at is a pitifu1 proceeding" exclaims
the New York Evening Post, with the
further assertion: Failure of impeach-
ment proceedings brings definite pub
lie loss. Charges of the existence Of a
bankruptcy ring have led to the flight
OF a receiver, che removal from court
lists of an attorneys name and now
the resignation Of Federal judge.
Back of so much smoke there must be
fire. Is this fire to go on smoulderiEg?
The stern course of an Impeachment
proceeding might have marked its ex-
tent and named the man feeding It"
In taking up the moral question in
volved, the New York Times expresses
the view that 1T Is only right to say
that the regions he gives for quitting
the bench eafe both sound and digni--