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Commoner.
JANTJAHY 27, 1905
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A Republican House Should Not
Impeach A Republican Judge
Under dato of Washington, Jan. 17,
a correspondent for the New York
"Vyorld says:
The introduction of politics into the
impeachment proceedings against
Judge Swayne, of Florida, today caused
a severe attack to bo made on Judge
Don A. Pardee, of the Federal Court of
Appeals, by Representative Clark, of
New York.
Gen. Grosvenor, of Ohio, in defending
Judge Swayne read a letter he had re
ceived from Judge Pardee in which he
exonerated Judge SNvayne and said a
Republican House should not impeach
a, republican judge. The letter was
dated New Orleans, March 24, 1904.
Judge Pardee expressed surprise that
the house committee on the judiciary
had voted, "six democrats and two re
publicans,' to present articles of im
peachment against Judge Swayne. He
reviews te circumstances of Judge
Swayne's appointment and his conflict
with democrats of his district, and con
cludes: "I have written this long letter be
cause I really feel that without the po
litical prejudices against Judge Swayne
there would be no impeachment, and
that in justice to a Southern judge who
was a republican before he wa3 ap,
pointed, and who was appointed be
cause he was a republican, as there
are no republican congressmen from
the south, some of the northern breth
ren ought to look carefully into the
case and be sure that an impeachment
ought to b'e voted before putting a
judge to the disgrace of an impeach
ment, consequent expense, trial , and
tribulation to himself and amity re
sulting therefrom."
Mr. Cockran first took issue with the
majority report of the committee on
the expense account charge. He said:
"It is hardly necessary to inquire
whether he eats corned beef and cab
bage at 50 cents a plate or leg of lamb
at 60. How is the statute to be in
terpreted? Is he required to spend
the whole ?10 f ach day or may be hus
band his resources and spend ?7 one
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Mr. Cockran then reverted to the let
ter of Judge Jtardee.
"I did not believe it conceivable,"
he said, "that a judge would undertake
to control the action of an independent
body on a proceeding itself judicial.
Now, think of it the. monstrous spec
tacle of a Judge, himself a member of
the department which wo are now scru
tinizing, stepping into this, house with
an attempt to control our action.
When I state that, I describe a specta
clo which ought to make us pause;
which indicates in a marked degree a
decay of our constitutional system.
"Sir, suppose when the case of Sena
tor Burton was pending before the
supreme court of tho United States,
that the senate had passed a resolution
declaring that Senator Burton was a
model ot virtue and senatorial courtesy
and that his prosecution was an act
of some government department.
Would not a thrill of horror have run
through tho entire country? Yet how
would such action by the senate dif
fer from this action of this judge at
tempting to control this, the grand in
quest of the nation, in dealing with a
member of that judiciary? I do not
call attention to the character of tho
letter but to the character of the trans
action itself.
"How can this judge, Pardee, ever
again ask a man arraigned at the bar,
what word he has to say why sentence
for an offens- against the revenue
laws shall not be pronounced upon
him? Could not a criminal quote this
language of Jude Pardee and say that
the law imposing revenue duties was
immoral and should not be enforced?
Why can he not say to Judge Pardee,
'You must not hold me to a rabid com
pliance with a law which I think is re
strictive of human lioerty. Is this
judge fit to administer justice again,
now that he himself has discredited
prompt and quick obedience to the law
by a judge who is 3Worn to administer
it?
"And we have another judge," con
tinued Mr. Cockran, "with superior
claim to enlighten our conscience,
quoted by the gentleman from Ohio as
a man from before whom we should all
bend, coming in here, and, sir, say it
with little shore of horror, that he
comes in here with perjured lips and
asks us to share his perjury and his
disloyalty.
"A republican legislature should not
impeach a republican! What a tribute
he pays to you gentlemen 'on the other
side!' Are we to be diverted from a
conscientious discharge of our duty by
a man who, clothed in the ermine of u
judge, turns that robe into the costume
of a harlequin, and, dancing across this
floor, invites us to perjure our souls
and violate the Constitution?"
Mr. Lamar, of Florida, repelled tho
c.arge contained in the Pardee letter
that the state of Florida had a political
grievance against Judge Swayne. How
ever, he said, he believed Judge Pardee
to be honest ana said 1 3 stood high in
Louisiana and Florida.
An agreement was reached to vote
on the S"wayne impeachment articles
tomorrow at 3:30-o'clock.
A Deal In "Wasti Stock"
New York, January- 7. Although the
next meeting before United States
Commissiorcr Alexander in tho bank
ruptcy proceedings against Munroo &
Munroo will not be held until 11 o'clock
on Tuesday morning, much will prob
ably be done between now and' then to
ascertain to what extent tho manage
ment 'of the National City bank was
responsible for the bank's alloged ac
tion in leLding tho brokers $00,000 a
day for eight days beforo tho Munroo
collapse, with, .t is charged, no other
security than the unindorsed demand
notes of the insolvent firm, a firm that
started in but a short while ago with
only ?1,G00 capital. As mattera now
stand, Frcs.dent James Stillman of the
National City bank is reported to have
tried to minimize the practice of lend
ing upon such "security" by shifting
tho responsibility upon Archibald G.
Loomis, second vice president.
Loomis, it is reported, was chairman
of the executive committee of the syn
dicate got up by Munroo & Munroo to
inflate the price of Montreal & Boston
consolidated copper stock from 50
cents to $3.50. Tho inflation, it is said
in -ill street, was done by a gigantic
system of "washed sal s," which means
that the same house puts out large
buying and selling orders among half a
dozen brokers, who do a phenomenal
business arao themselves, without
letting any outsider dispose of any
stock at the inflated prices.
As Second Vice President Loomis'
son was an officer of tho Montreal and
Boston copper company, the elder
Loomis may, so it is said, havo con
sidered himself perfectly safe in let
ting Munroe have a $00,000 National
City bank check each morning, with
tho understanding that it should be
canceled each afternoon beforo the
close of l.io bank. When asked recent
ly whether he intended to resign,
Loomis said:
. "Why should I resign? They say we
lent $00,000 a day for eight days with
out security. How do they know what
security we had? The bank did not
lose a cent."
Vice President G. S. Whitson con
sented today to do whatever talking
there wa3 to be done in Mr. Stillman's
absence.
"Do you regard Loomis' loans of $G0,
000 a day to Munroe & Munroe with
out adequate security as a species of
over-certification ?"
"No, not over-certification. This
bank never over-certifies for anybody."
"Will you say positively whether tho
bank had adequate security when it
loaned Munroe & Munroe $G0,000 a day
for eight days before their failure?"
"I do not care to discus3 the nature
of the security, but this bank did not
lose anything by tho loans."
"Do you know whether tho federal
authorities are going to investigate
those transactions?"
"I have not heard that they were go
ing to do so."
"Will there be an official statement
from the bank todfy?"
"If Mr. Stillman comes down and we
have a change of heart there may be
a statement later in the day, but it is
a short day and Mr. Stillman may not
be down."
Exactly what security, if any, will
be determined next week when S'amuel
Untermeyer, counsel for the receiver of
Munroe Munroe, will put Mr. Loomis
on. the witness stand and ask him all
about those checks. Tho examination
of Second Vice President Loomis of the
National City bank upon the methods
in vogue in the Rockefeller institution,
will bo watched with Interest by the
federal bank authorities, who, it is
said, have already begun to prick up
their ears and become interested in the
question of issuing checks without gilt
edged security.
Wall street is much Interested just
now in the future of Archibald C.
Loomis. He ha3 said since the Mun
roe trouble was made public that ho
has no intention of resigning. But
Wall street thinks he -may change his
mind. President Stillman is inclined
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to he lenient. He says all hank officers
arc liable to make mistakes.
There is war in tho Standard Oil
camp because of the revelations in tho
bankruptcy case against the brokerage
Arm of Murroe & Munroe, which show
that Loomis was the head of the syn
dicate which employed the Munroes to
"wash" 7,000,000 shares of Montreal
and Boston copper stock.
The person from whom the report
of this state of affairs came also de
clared today that John D. Rockefeller
felt keenly th- position that the Na
tional City bank had been placed in by
Loomis, and that when a meeting of
the directors takes place next week
he would insist upon a reorganization
of forces.
The informant said that Mr. Rocke
feller was bent upon having the resig
nation of Mr. Loomis immediately, but
that H. H. Rogers and his people had
allied them-elvea against tho pursuit
of such a policy on the ground that if
Loomis' connection with the National
City bank vrerp to be severed at this
time it would -e a tacit admission that
all tho charges made against the vice
president with relation to his leader
ship of tho Montreal and Boston,
'"washing" syndicate were true. Spe
'cial to St Loui3 Globe-Democrat
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