A cabled message was received by Mr. F. J. Schuhl from Washington on Thursday, stating that all the charges preferred against Judge Lobingier have been dismissed and and that he is returning here on the str. Pinetree State, which is due to arrive on July 23. So far as the Judge is concerned, this is a final settlement of the unfortunate disputes which have lately been agitating the United States Court for China, though Mr. W. S. Fleming's case has still to go a step further.
It was a little less than a year ago-on July 29, 1921—that Mr. Fleming, one of the best known members of the American Bar here, was brought before Mr. F. J. Schuhl, U. 8. Commissioner, on a warrant charging him with libel and slander against Mr. Stirling Fessenden, the senior member of the Bar. When asked to plead, Mr. Fleming put in a series of affidavits making various charges against the Judge and other officials and legal men, which the Commissioner refused to accept and directed that Mr. Fleming be held over for trial before the Judge. Later, further charges of a like nature were filed against Mr. Fleming by Mr. Concepcion, assistant general manager of the Philippines Bank, one of the witnesses in the case.
On July 30 Mr. Fleming was brought before Judge TLobingier and again introduced the matter of the affidavits, resulting in his com-mitral for eantemnt of court. Up-to-date, Mr. Fleming has not served his sentence. for he filed notice of appeal and sailed for Washington to fight his case. On appeal the Judge's decision was upheld and a request for a re-hearing of the case was denied. Mr. Fleming then appealed to the Supreme Court, whose decision is pending.
At the same time, Mr. Fleming preferred a number of charges against Judge Lobingier which amounted in effect to impeachment. In addition to accusations of a personal nature, he asserted that the Judge was prejudiced and biassed. It is the usual course for such a complaint to go to the President of the United States. who refers it to the Department of Tustice and it is then investigated by a committee of Congress assisted by high legal officials. In the end a recommendation is made liv the Attorney-General to the President, who promulgates the decision.
In the present case. the charges were nessed on by the President to Mr. Daugherty, the—Attorney-General, and a very eminent com-
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