Halsted L. Ritter
Encyclopedia
Halsted Lockwood Ritter (July 14, 1868–October 15, 1957) was an American lawyer
and judge
. He served in the United States District Court for the Southern District of Florida
but was impeached
and removed from office, only the fourth official to be removed.
, in 1868. His sister was Mary Ritter Beard
, the wife of Charles A. Beard
; both were noted historian
s. Halsted Ritter attended DePauw University
, receiving his Bachelor of Philosophy
in 1891, LL.B.
in 1892, and Master of Arts
in 1893.
in Indianapolis from 1892 to 1895, in Denver, Colorado
from 1895 to 1925. He moved to West Palm Beach, Florida
in 1925 for his wife's health.
Calvin Coolidge
nominated Ritter to the United States District Court for the Southern District of Florida on January 23, 1929, to the seat vacated by Rhydon Mays Call
. Confirmed
by the Senate
on February 15, 1929, he received commission
the same day.
On May 29, 1933, U.S. Representative
J. Mark Wilcox
of Florida
introduced resolution
(H. Res. 163) authorizing the House Judiciary Committee
to investigate Ritter's conduct to "determine whether in the opinion of the committee he had been guilty of any high crime or misdemeanor
." The resolution was referred to the Judiciary Committee.
On March 2, 1936, the United States House of Representatives
voted to impeach Ritter by 181 votes to 146 on seven articles of impeachment
. The proceedings were only the 13th impeachment case in the 147 years of Congress
, although it took place just a month after the impeachment of Harold Louderback
(who was acquitted in the Senate). The seven articles were:
Ritter's chief defense attorney was Frank P. Walsh
. Three House managers prosecuted the case, with Sam Hobbs
of Alabama
leading.
On April 6, 1936, the U.S. Senate began its trial. Eleven days after the trial began, the Senate voted to acquit him of all but the last article (bringing the judiciary into disrepute), which he was convicted of 56-28, exactly the two-thirds necessary for conviction under the Constitution
, and Ritter was removed from office on April 17, 1936. A motion to disqualify Ritter from all further federal office was defeated unanimously by the Senate.
Ritter challenged the conviction in the federal Court of Claims
on the grounds that the Senate could not convict him on a general charge of bringing the judiciary into disrepute if it was not able to convict him of a specific offense. The Court of Claims dismissed the case and held it did not have jurisdiction
because the Senate was given the "sole power" to try impeachments under Clause 6, Section 3 of Article I of the United States Constitution.
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
. He served in the United States District Court for the Southern District of Florida
United States District Court for the Southern District of Florida
The United States District Court for the Southern District of Florida is the federal United States district court with jurisdiction over the southern part of the state of Florida....
but was impeached
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
and removed from office, only the fourth official to be removed.
Early life and education
Ritter was born in Indianapolis, IndianaIndianapolis, Indiana
Indianapolis is the capital of the U.S. state of Indiana, and the county seat of Marion County, Indiana. As of the 2010 United States Census, the city's population is 839,489. It is by far Indiana's largest city and, as of the 2010 U.S...
, in 1868. His sister was Mary Ritter Beard
Mary Ritter Beard
Mary Ritter Beard was an American historian and archivist, who played an important role in the women's suffrage movement and was a lifelong advocate of social justice through educational and activist roles in both the labor and woman's rights movements...
, the wife of Charles A. Beard
Charles A. Beard
Charles Austin Beard was, with Frederick Jackson Turner, one of the most influential American historians of the first half of the 20th century. He published hundreds of monographs, textbooks and interpretive studies in both history and political science...
; both were noted historian
Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. If the individual is...
s. Halsted Ritter attended DePauw University
DePauw University
DePauw University in Greencastle, Indiana, USA, is a private, national liberal arts college with an enrollment of approximately 2,400 students. The school has a Methodist heritage and was originally known as Indiana Asbury University. DePauw is a member of both the Great Lakes Colleges Association...
, receiving his Bachelor of Philosophy
Bachelor of Philosophy
Bachelor of Philosophy is the title of an academic degree. The degree usually involves considerable research, either through a thesis or supervised research projects...
in 1891, LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1892, and Master of Arts
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in 1893.
Legal career
Ritter was in private practicePractice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
in Indianapolis from 1892 to 1895, in Denver, Colorado
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
from 1895 to 1925. He moved to West Palm Beach, Florida
West Palm Beach, Florida
West Palm Beach, is a city located on the Atlantic coast in southeastern Florida and is the most populous city in and county seat of Palm Beach County, the third most populous county in Florida with a 2010 population of 1,320,134. The city is also the oldest incorporated municipality in South Florida...
in 1925 for his wife's health.
District court and impeachment
PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Calvin Coolidge
Calvin Coolidge
John Calvin Coolidge, Jr. was the 30th President of the United States . A Republican lawyer from Vermont, Coolidge worked his way up the ladder of Massachusetts state politics, eventually becoming governor of that state...
nominated Ritter to the United States District Court for the Southern District of Florida on January 23, 1929, to the seat vacated by Rhydon Mays Call
Rhydon Mays Call
Rhydon Mays Call was an American lawyer and judge.Call was born in Fernandina, Florida, to George William and Sarah Call. His father was a lawyer who served in the 2d Florida Regiment of the Confederate States Army during the Civil War and was killed at the Battle of Seven Pines...
. Confirmed
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on February 15, 1929, he received commission
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
the same day.
On May 29, 1933, U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
J. Mark Wilcox
J. Mark Wilcox
James Mark Wilcox was a U.S. Representative from Florida.Born in Willacoochee, Georgia, Wilcox attended the public schools and Emory College, Atlanta, Georgia....
of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
introduced resolution
Resolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
(H. Res. 163) authorizing the House Judiciary Committee
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
to investigate Ritter's conduct to "determine whether in the opinion of the committee he had been guilty of any high crime or misdemeanor
High crimes and misdemeanours
The charge of high crimes and misdemeanors covers allegations of misconduct that do not fall under a more clearly defined impeachable offence; e.g., high treason...
." The resolution was referred to the Judiciary Committee.
On March 2, 1936, the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
voted to impeach Ritter by 181 votes to 146 on seven articles of impeachment
Articles of impeachment
The articles of impeachment are the set of charges drafted against a public official to initiate the impeachment process. The articles of impeachment do not result in the removal of the official, but instead require the enacting body to take further action, such as bringing the articles to a vote...
. The proceedings were only the 13th impeachment case in the 147 years of Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, although it took place just a month after the impeachment of Harold Louderback
Harold Louderback
Harold Louderback was a United States District Court judge from California. He was the eleventh federal official to be served with Articles of Impeachment and was ultimately acquitted of these charges....
(who was acquitted in the Senate). The seven articles were:
- Ordering the payment of "exorbitant" legal fees with intent to embezzleEmbezzlementEmbezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
. Specifically, the House managers said Ritter engaged in champertyChamperty and maintenanceChamperty and maintenance are doctrines in common law jurisdictions, that aim to preclude frivolous litigation. "Maintenance" is the intermeddling of a disinterested party to encourage a lawsuit...
("a proceeding whereby a person having no legitimate interest in a lawsuitLawsuitA lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
abets it with money or services in the hope of profit") by "corruptly and unlawfully" receiving $4,500 from a former law partner, Albert L. Rankin. The House charged that Ritter had planned with Rankin and others to put WhitehallFlagler MuseumFlagler Museum, also known as Whitehall, is a 55-room mansion open to the public in Palm Beach, Florida in the United States. The building is listed on the National Register of Historic Places.-History:...
(the former Henry Morrison FlaglerHenry Morrison FlaglerHenry Morrison Flagler was an American tycoon, real estate promoter, railroad developer and partner of John D. Rockefeller in Standard Oil. He was a key figure in the development of the eastern coast of Florida along the Atlantic Ocean and was founder of what became the Florida East Coast Railway...
mansionMansionA mansion is a very large dwelling house. U.S. real estate brokers define a mansion as a dwelling of over . A traditional European mansion was defined as a house which contained a ballroom and tens of bedrooms...
and then a hotelHotelA hotel is an establishment that provides paid lodging on a short-term basis. The provision of basic accommodation, in times past, consisting only of a room with a bed, a cupboard, a small table and a washstand has largely been replaced by rooms with modern facilities, including en-suite bathrooms...
, and now a museumMuseumA museum is an institution that cares for a collection of artifacts and other objects of scientific, artistic, cultural, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. Most large museums are located in major cities...
) into receivership, and had given Rankin an "exorbitant fee" of $75,000, keeping $4,500 of it. - Showing favoritism in bankruptcyBankruptcyBankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
cases. - Two charges of practicing law while a judge.
- Two charges of tax evasionTax avoidance and tax evasionTax noncompliance describes a range of activities that are unfavorable to a state's tax system. These include tax avoidance, which refers to reducing taxes by legal means, and tax evasion which refers to the criminal non-payment of tax liabilities....
(by filed false income tax returnsTax return (United States)Tax returns in the United States are reports filed with the Internal Revenue Service or with the state or local tax collection agency containing information used to calculate income tax or other taxes...
in 1929 and 1930) - Bringing the judiciary into disrepute (accepting free meals and lodging at Whitehall during receivership proceedings).
Ritter's chief defense attorney was Frank P. Walsh
Frank P. Walsh
Francis Patrick "Frank" Walsh was an American lawyer. Walsh was especially noted for his advocacy of progressive causes, including decent working conditions, decent pay for workers, and equal employment opportunities for all, including women. He was appointed to several high-profile committees...
. Three House managers prosecuted the case, with Sam Hobbs
Sam Hobbs
Samuel Francis Hobbs was a U.S. Representative from Alabama.Born in Selma, Alabama, Hobbs attended the public schools, Callaway's Preparatory School, Marion Military Institute, and Vanderbilt University at Nashville, Tennessee, graduating from the law department of the University of Alabama at...
of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
leading.
On April 6, 1936, the U.S. Senate began its trial. Eleven days after the trial began, the Senate voted to acquit him of all but the last article (bringing the judiciary into disrepute), which he was convicted of 56-28, exactly the two-thirds necessary for conviction under the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, and Ritter was removed from office on April 17, 1936. A motion to disqualify Ritter from all further federal office was defeated unanimously by the Senate.
Ritter challenged the conviction in the federal Court of Claims
United States Court of Claims
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855 as the Court of Claims, renamed in 1948 to the United States Court of Claims , and abolished in 1982....
on the grounds that the Senate could not convict him on a general charge of bringing the judiciary into disrepute if it was not able to convict him of a specific offense. The Court of Claims dismissed the case and held it did not have jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
because the Senate was given the "sole power" to try impeachments under Clause 6, Section 3 of Article I of the United States Constitution.