The Waterbury Democrat., 1939-01-31
JUDGE MANTON
 CASE PECULIAR
Diustrict Attorney Dewey Is Criticised By Congress
 for "HOrning In''

l Tex, Of the house Judlclary com- mittee, said today that unless the resignation of Martin w. Manton, senior judge of the Second United States Circuit Court of Appeals, be- comes effective quickly. he would ask the committee to proceed with an investigation into charges relat- ing to the judges conduct.
 Judge Manton announced in New York that his resignation, effective March 1 "at the latest" was en- route to President Roosevelt in the mail MT. Roosevelt will receive it today.
 Summers said if it were effective almost immediately" his commit tee would drop the matter, but if the effectiveness were delayed until March, he intended to "reexamine the situation before deciding"
 Dewey Criticised
 Congressional New Dealers pri- vately criticised District Attorney Thomas E. Dewey of New York to- day for morning in" on the inves- tigation with letter to Summers describing six instances in which he said Manton, or firms he owned or controlled, allegediy received a total of $439,0 1000 in loans from indi- viduals representing companies and individuals interested in cases be- fore the court over which Manton presided.
 A federal investigation of Man. toms affairs was announced Satur- day by Attorney General Frank Murphy, who said yesterday that the government was continuing the 1 investigation, and that Manton had promised to resign in a conference with Murphy in New York last Wednesday.
 Dewey was said to have been first informed six months ago by Deputs State Tax Commissioner Spencer Bates, that an Investigation of in- come tax returns of so-called "Manton corporations" was pending. The tax investigation had been in progress then for some time. It was reported at Dewey's office that even if there was any evidence of income tax irregularities it would be out- lawed by the two-year statute of | limitations.
 News Through Leak
 New Dealers, however, believed that Dewey got news of the imnli- nent federal investigation through a "leak" in the United States attor- ney's office at New York and 1t was reported that Murphy planned to shake up the office as result. Con- gressional Democrats interpreted Dewey's letter to Summers as an att tempt to make political capital of the resignation and enhance his prospects as a potential Republican candidate in 1940. Dewey had sent the letter almost 24 hours before the resignation was first announced here by Summers, and later con- firmed in New York by the judge. Manton said his resignation did not imply any admission of irregu- larities, and that none of his busi- ness activities "bore the slightest relation to my conduct as judge or to any litigation in my court"
 He said that he had planned for | two years to resign from the bench, to which President Wilson appoint ed him in 1916 and which had jur- isdiction over federal district courts in New York, Vermont and Con- necticut, and he said that he had set March 1 as the date of effect iveness because he believed he could dispose of pending court mat ters by that time.
 It was not ascertained whether any cases would come up for his decision should he remain until March.
 No Plans for Future
 He said he had no plans for the future but might try to "build up" some of his corporations. In a press conference, during which he handed out statements announcing his resignation. he also referred to Dewey's interest in the case. Asked whether the investigation of his conduct was in reference to state or federal income taxes, he said: "In connection with MT. Dewey's am- bitions."
 In addition to Murphy's investi- gation. which he said was proceed ing, Gregory F. Noonan, acting United States attorney at New York, said that he was examining the situation and would present any evidence to grand jury.
 The state tax department also was Investigating the income tax returns of more than 25 corpora tions in which Manton was said to have been interested, Bates an- nounced. He said one matter under scrutiny now was the manner in which the 1885, 1886 and 1887 fran- chise tax returns of one of these firms, Alamac- -Esplanade corpora ton, got into the "audited" files without any stamped record of re- ceipts, and without an audit. There were no marks on the returns to indicate the payment of the tax, he said.
 Possible Successor
 There was considerable specula- ton in New York as to Manton's possible successor. Among those | iuciiblOilCN plOiiiuiShIly WCAC 1sSp~ ert P. Patterson, federal district judge: Harry Epstein. solicitor gen. eral in the New York state law de- partment; Morris Ernst, liberal law yer, and Jerome Frank. friend of MT. Roosevelt.
 Manton's statement said that he had informed Murphy last Wednes- day of his intention to resign and that his only hesitation was "a ila- tural disinclination to even seem reluctant to face any investigation which any authority might insti- tute."
 He said Murphy was good enough to say that he thought no such inference would be justified"
 For some months have been T aware that my personal affairs