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§ 18. Impeachment of Judge Ritter

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§ 18. Impeachment of Judge Ritter IMPEACHMENT POWERS Ch. 14 § 18 § 18. Impeachment of On June 1, 1933, the Committee Judge Ritter on the Judiciary reported House Resolution 163 (H. Rept. No. 191) Authorization of Investigation with committee amendments; the resolution was referred to the § 18.1 The Committee on the Committee of the Whole House on Judiciary reported in the 73d the state of the Union, since the Congress a resolution au- original resolution contained an thorizing an investigation appropriation.(21) into the conduct of Halsted On the same day, Hatton W. Ritter, a U.S. District Court Sumners, of Texas, Chairman of judge; the resolution was re- the Committee on the Judiciary, ferred to the Union Calendar asked unanimous consent to con- and considered and adopted sider House Resolution 163 in the in the House as in the Com- House as in the Committee of the mittee of the Whole by unani- Whole. The resolution and com- mous consent. mittee amendments read as fol- On May 29, 1933, Mr. J. Mark lows: Wilcox, of Florida, placed in the HOUSE RESOLUTION 163 hopper a resolution (H. Res. 163) authorizing the Committee on the Resolved, That the Committee on the Judiciary is authorized and directed, Judiciary to investigate the con- as a whole or by subcommittee, to in- duct of Halsted Ritter, District quire into and investigate the official Judge for the U.S. District Court conduct of Halsted L. Ritter, a district for the Southern District of Flor- judge for the United States District ida, to determine whether in the Court for the Southern District of Flor- opinion of the committee he had ida, to determine whether in the opin- been guilty of any high crime or ion of said committee he has been guilty of any high crime or mis- misdemeanor. The resolution was demeanor which in the contemplation referred to the Committee on the of the Constitution requires the inter- ( ) Judiciary. 20 position of the Constitutional powers of the House. Said committee shall report gress, see H. JOUR. 3, 73d Cong. 1st its findings to the House, together with Sess., Mar. 9, 1933. such resolution of impeachment or On May 24, 1933, the Senate ac- other recommendation as it deems quitted Judge Louderback on all ar- proper. ticles. See 6 Cannon’s Precedents Sec. 2. For the purpose of this reso- § 524. lution, the committee is authorized to 20. 77 CONG. REC. 4575, 73d Cong. 1st Sess. 21. Id. at p. 4796. 2205 Ch. 14 § 18 DESCHLER’S PRECEDENTS sit and act during the present Con- against Judge Ritter, but a sub- gress at such times and places in the committee of the committee inves- District of Columbia and elsewhere, tigated the charges and gathered whether or not the House is sitting, has recessed, or has adjourned, to hold testimony and evidence pursuant such hearing, to employ such clerical, to House Resolution 163. stenographic, and other assistance, to The evidence gathered was the require the attendance of such wit- basis for House Resolution 422 in nesses and the production of such the 74th Congress, impeaching books, papers, and documents, and to take such testimony, to have such Judge Ritter, and both that reso- printing and binding done, and to lution and the report of the Com- make such expenditures not exceeding mittee on the Judiciary in the $5,000, as it deems necessary. 74th Congress (H. Rept. No. 2025) With the following committee referred to the investigation con- amendments: ducted under House Resolution Page 2, line 5, strike out the words 163, 73d Congress. ‘‘to employ such clerical, stenographic, and other assistance’’; and in line 9, on The Chairman of the sub- page 2, strike out ‘‘to have such print- committee, Malcolm C. Tarver, of ing and binding done, and to make Georgia, made a report recom- such expenditures, not exceeding mending impeachment to the full $5,000.’’ committee; the report was printed After brief debate, the House as in the Record in the 74th Con- in the Committee of the Whole gress.(2) adopted the resolution as amend- ed by the committee amend- Presentation of Charges ments.(1) The Committee on the Judiciary § 18.2 In the 74th Congress, a made no report to the House, Member rose to a question of prior to the expiration of the 73d constitutional privilege and Congress, in the matter of charges presented charges against Judge Ritter, which were re- 1. Id. at pp. 4784, 4785. ferred to the Committee on The House adopted a resolution, the Judiciary. reported by the Committee on Ac- counts, authorizing payment out of On Jan. 14, 1936, Mr. Robert A. the contingent fund for expenses of Green, of Florida, a member of the the Committee on the Judiciary in Committee on the Judiciary, rose conducting its investigation under H. to a question of constitutional Res. 163; see H. Res. 172, 77 CONG. REC. 5429, 5430, 73d Cong. 1st Sess., 2. 80 CONG. REC. 408–10, 74th Cong. June 9. 1933. 2d Sess., Jan. 14, 1936. 2206 IMPEACHMENT POWERS Ch. 14 § 18 privilege and on his own responsi- MR. BLANTON: What action was bility impeached Judge Halsted taken on the Tarver report? If this offi- Ritter for high crimes and mis- cial is the kind of judge the Tarver re- port indicates, why was he not then demeanors. Although he pre- impeached and tried by the Senate? sented no resolution, he delivered MR. GREEN: That is the question lengthy and specific charges that is now foremost in my mind. Since against the accused. He indicated Judge Tarver’s service as chairman of his intention to read, as part of the Judiciary Subcommittee he has his speech, a report submitted to been transferred from the House Judi- ciary Committee to the House Com- the Committee on the Judiciary mittee on Appropriations. He is not by Malcolm C. Tarver, of Georgia, now a member of the Judiciary Com- past Chairman of a subcommittee mittee. of the Committee on the Judici- I firmly believe that when our col- ary, which subcommittee had in- leagues understand the situation thor- vestigated the charges against oughly, there will be no hesitancy in Judge Ritter pursuant to House bringing about Ritter’s impeachment by a direct vote on the floor of the Resolution 163, adopted by the House. My purpose in this is to get it House in the 73d Congress. in concrete form, in compliance with In response to inquiries, Mr. the rules of the House, so that the di- Green summarized the status of rect impeachment will be handled by the investigation and his reason the Committee on the Judiciary. At present impeachment is not before the for rising to a question of constitu- committee. This will give the Judiciary tional privilege: something to act upon. MR. [JOHN J.] O’CONNOR [of New MR. BLANTON: Was he not im- York]: Of course, ordinarily the matter peached in the House before when the would be referred to the Committee on Tarver investigation was made? the Judiciary. Does the gentleman Mr. Green: No. He was never im- think he must proceed longer in the peached. There was a resolution matter at this time? passed by the House directing an in- MR. GREEN: My understanding is, I vestigation to be made by the Judiciary may say to the chairman of the Rules Committee. Committee, that the articles of im- MR. BLANTON: Was that not a reso- peachment will be referred to the Com- lution that followed just such impeach- mittee on the Judiciary for its further ment charges in the House as the gen- consideration and action. I do not in- tleman from Florida is now making? tend to consume any more time than is MR. GREEN: I understand that arti- absolutely necessary. cles of impeachment have not been MR. [THOMAS L.] BLANTON [of heretofore filed in this case. Texas]: Will the gentleman yield? MR. BLANTON: Was the Tarver re- Mr. Green: I yield. port, to which the gentleman has re- 2207 Ch. 14 § 18 DESCHLER’S PRECEDENTS ferred, filed with the Judiciary Com- conduct against Judge Ritter (H. mittee? Rept. No. 2025). The report, which MR. GREEN: It is my understanding was referred to the House Cal- that it is now in their hands.(3) endar and ordered printed, read Mr. Green inserted the text of as follows: the Tarver report, which rec- ommended impeachment, in his The Committee on the Judiciary, remarks.(4) having had under consideration charges of official misconduct against At the conclusion of Mr. Green’s Halsted L. Ritter, a district judge of remarks, Mr. O’Connor moved the United States for the Southern that ‘‘the proceedings be referred District of Florida, and having taken to the Committee on the Judici- testimony with regard to the official ary.’’ The motion was agreed to.(5) conduct of said judge under the author- ity of House Resolution 163 of the Sev- § 18.3 The Committee on the enty-third Congress, report the accom- Judiciary reported in the panying resolution of impeachment 74th Congress a resolution and articles of impeachment against Halsted L. Ritter to the House of Rep- impeaching Judge Halsted resentatives with the recommendation Ritter on four articles of im- that the same be adopted by the House peachment; the resolution re- and presented to the Senate.(7) ferred to the investigation The resolving clause of the reso- undertaken pursuant to au- lution recited that the evidence thorizing resolution in the taken by a subcommittee of the 73d Congress. Committee on the Judiciary under On Feb. 20, 1936, Mr. Hatton House Resolution 163 of the 73d W.
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