Evening star., 1933-04-26
HOUSE WILL PROBE
U. S. JUDGE LOWELL
IN CRAWFORD CASE
Continued From First PageD

Lowell with abusing the powers OF his
high office and willfully violating ms
oath in deliberately ordering Crawfords
release He also charged that Judge
Lowell deliberately and viclously at
tempted to nullify the operation OF the
laws for the punishment OF crime IN
Virginia, and many other States, and
used his judicial position for the un-
lawful purpose OF casting aspersionS
upon and attempting to bring disrepute
upon the administration of law In the
Commonwealth of Virginia and vari-
GUS other States in this Union
Gives History Of Case.
After preferring his charges against
Judge Lowell, Smith gave brief resume
of the history and progress of the in
vestigation Of the Ilsley murder case,
and declared that the effect Of releaS-
ing Crawford on writ Of habeas
corpus would have been to turn loose
on the public one of the most vicious
and fiendish criminals known in recent
history"
Fortunately" he added, this has
been forestalled by the prompt action
of the Commonwealth Of Massachusetts
in noting an appeal.
The United States Supreme Court
has continuously held that matters Of
t1lLo SdliAAOb NC AoAoSa AAA q
habeas corpus proceeding, but the fu-
gitive must be returned to the court
which found the indictment, in which
court the question of Sufflciency of the
indictment may be raised. and. If con-
viction Is had, the fugitive has his
rights in the appellate courts.
Judge Lowell granted the habeas
corpus, and gave as his reason there
for that he was certain the United
States Supreme Court would not up
hold the verdict of conviction. should
convicted. because it is not customary
in that State to have Negroes on juries.
Investigation Sought.
"This Judge deliberately ignored, or
was ignorant of the law to such vio-
lent extent, that his continued service
on the bench is a menace to the peace
and good order Of the Nation.
II do not contend that Judge may
be impeached on an honest difference
of opinion as to the law, or for an
acts in good faith, but 1 do aver and
proclaim that a judge is impeachable
who either % Is SO ignorant OF the
law as to result in fragrant incom-
potency, or t2) who knowing the law,
deliberately. wilfully and knowingly. in
direct contravention of the Constitution
and we'll established precedent ana
authorities of the court of last resort.
release on the world a self confessed
murderer of the most vicious type.
Smith asked for immediate consid-
Grafton of his resolution. Debate on
the resolution will be limited to one
hour during which Representative
Luce, Republican of Massachusetts,,
said he would defend Judge Lowell,
who is a constituent OF his and has
been a personal friend for many years
Text of Resolution.
the Smith resolution reads:
Resolved, That the Committee OF the
Judiciary is authorized and directed as
a whole CT subcommittee to inquire into
and investigate the official conduct OF
James A. Lowell. a district court judge
for the United States District Court OF
Massachusetts,, to determine whether,
in the opinion of the said committee,
he has been guilty Of any crime CT
misdemeanor which. in the contempla-
ton of the Constitution, requires the
interposition of the constitutional powers
of the House.
said committee shall report its find
ings to the House, together with such
resolution of Impeachment or other
resolution as 1t deems proper"
In the meantime the House referred
to the Judiciary Committee the reSOlu-
ticn of Representative Dies. Democrat.
of Texas, designed to abolish Judge
Lowell's judgeship. The committee held
IN executive session this morning but