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Conduct of Judge Kenesaw Mountain Landis

J, STANFORD

LIBRARIES HEARINGS

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COMMITTEE ON THE JUDICIARY.

HOUSE OF REPRESENTATIVES.

SIXTY-SIXTH CONGRESS.

ANDREW J. VOLSTEAD, Minnesota, Chairman. DICK T. MORGAN, Oklahoma.

ROBERT Y. THOMAS, JR., Kentucky. GEORGE S. GRAHAM, Pennsylvania.

WILLIAM L. IGOE, Missouri. LEONIDAS C. DYER, Missouri.

WARREN GARD, Ohio. JOSEPH WALSH, Massachusetts.

RICHARD S. WHALEY, South Carolina. C. FRANK REAVIS, Nebraska.

THADDEUS H. CARAWAY, Arkansas. JAMES W. HUSTED, New York.

M. M. NEELY, West Virginia. GILBERT A. CURRIE, Michigan.

HENRY J. STEELE, Pennsylvania.
DAVID G. CLASSON, Wisconsin.

HATTON W. SUMNERS, Texas.
W. D. BOIES, Iowa.
CHARLES A. CHRISTOPHERSON, South Dakota.
RICHARD YATES, Illinois.
WELLS GOODYKOONTZ, West Virginia.

W. C. PREUS, Clerk.

CONDUCT OF JUDGE KENESAW MOUNTAIN LANDIS.

SERIAL 25.

COMMITTEE ON THE JUDICIARY,

HOUSE OF REPRESENTATIVES,

Monday, February 21, 1921. The committee met at 10 o'clock a. m., Hon. Andrew J. Volstead (chairman) presiding.

The CHAIRMAN. Mr. Welty, as soon as you are ready we will proceed.

STATEMENT OF HON. BENJAMIN F. WELTY, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF OHIO.

Mr. WELTY. Mr. Chairman and gentlemen of the committee, I suppose the first thing in order would be to file the charge, which is found in the Congressional Record, current number, under date of February 14, 1921, at pages 3302 and 3303. I desire to call the atten. tion of the committee, when the record is printed, to the fact that on page 3302 the mistake was made in the date. It should read the 16th day of May, 1919, instead of the 18th day of May, 1919; and

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there was a misspelling of the word "magnate." I think that is in the ninth paragraph on page 3303.

I impeach Kenesąw M. Landis as district judge of the United States for the Northern District of Illinois, and in support of same I submit the following facts:

That the Supreme Court of the District of Columbia on the 16th day of May, 1919, entered judgment of $240,000 against the following for having violated an act of Congress of the United States of July 2, 1890, known as the Sherman Antitrust Act, to-wit:

The National League of Professional Baseball Clubs.
National Exhibition Co.
The Brooklyn Ball Club.
The Philadelphia National League Club.
The Boston National League Baseball Co.
Chicago National League Ball Club.
St. Louis National Baseball Club.
The Pittsburgh Athletic Co.
The Cincinnati Baseball Club.
The American League of Professional Baseball Clubs.
American League Baseball Club of New York.
The Boston American League Baseball Club.
American Baseball Club of Philadelphia.
The Washington American League Baseball Club.
American League Baseball Club of Chicago.
The St. Louis American League Baseball Co.
The Detroit Baseball Co.
The Cleveland Baseball Co.

August Herrmann, Bancroft B. Johnson, and John K. Tener (hereinafter called defendants).

That the grand jury of Cook County, Ill., in the month of October, 1920, returned indictments against the following-named persons for conspiracy and obtaining money and goods by means of a confidence game in the matter of baseball games, to-wit: Edward V. Cicotte, Claude Williams, Joe Jackson, Fred McMullen, Arnold Gandil, George Weaver, Oscar Felsch, Charles Risberg, William Burns, Hal Chase, Joseph J. Sullivan, Rachel Brown, Abe Attel.

That all of said persons were baseball players except the last three named.

It is alleged, and common fame has made the facts known, that during the month of November, 1920, and while said cases were still pending, Kenesaw M. Landis, United States Judge for the Northern District of Illinois, entered into a contract with the defendants above named to act as an arbitrator in all matters of difference in organized baseball at a salary of $42,500 per annum.

That on the 3d day of March, 1905, Congress provided for an additional judge for the Northern District of Illinois and said Kenesaw M. Landis was, on the 18th day of March, 1905, appointed a district judge, and still is one of the district judges of the United States, to wit, the Northern District of Illinois, and was at the time he entered into said contract receiving a salary of $7,500 and expenses, payable monthly out of the Treasury of the United States.

That there are now pending in the Northern District of Illinois in the court of Judges Kenesaw M. Landis over 3,700 criminal and civil cases.

In other words, the baseball clubs were found guilty by a jury in the Supreme Court of the District of Columbia and fined $240,000. In Cook County, Ill., 13 were indicted for gambling and throwing the game.

While these cases were still pending, the baseball associations approachd Judge Landis with an offer of $50,000 per annum to act as chief arbiter in baseball matters.

After the baseball associations were found guilty under our laws of being a trust, and while the fine of $240.000 was still pending against them, they rushed into Judge Landis's court, and for an additional salary of $42,500 he became the chief arbiter of a trust which was declared illegal and at their request remained on the Federal bench.

This case is now pending in the Supreme Court of the t'nited States. What will hinder each member of this court from accepting a like sum from these baseball associations? If Judge Landis can lawfully accept this additional fee. then every other Federal judge in the land can enter the employ of those who violate the laws of the land. The question for Congress to settle is: Can a Federal judge accept a subsidy to perform judicial duties?

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