The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1885-12-30
The Case Of COburn.

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has never taken up the cudgel In favol
Of any political party, has had the fol
lowing interview with prominent Re
publican attorney, whom we all know
and who somewhat weakens the position
taken by partisans OF his cwn party in
Coburn's behalf:
4 The reporter said to him: "Mr. -
! what is your position in regard to Judge
Coburn, over whose removal row is
being kicked up with the object Of
obstructing the confirmation of his sue
cessor?"
What is my position? I think he
should never have been appointed and
that there was too much delav by sever
al months in removing him. OF course
he is of my political faith, but that has
nothing to do with the transaction of
court business. He was untitled to oc-
cupy the beach. His friends say that
he was prominent public character and
an able man in Indiana some years ago,
and daresaY he was But because a
man had great ability in the prime of
life it does not follow that he will pos
sess that same ability in later years.
Judge Coburn's mental vigor has been
impaired by years and by physical i'll
health. I think am justified in saying
this when know of several instances
where motions going to the issue of inn
portant cases have been argued for hours
before him, taken by him under advise
ment and so completely and absolutely
forgotten that when decision was asked
he remembered nothing of the argument
or the case. know of not merely one
but several such instances. have seen
him vacillate and endeavor to shirk the
responsibility of making decisions until
it was painful to regard him. Yet these
people who are showing so much appar-
ent indignation over his removal say he
was a most wise and upright judge
The facts in relation to his removal are
these. When he was holding court at
Bozeman he was directly notified that
charges against him had been prepared
and forwarded to Washington for filing.
He was given this notice SO that he |
might resign if he choose to do 80 rather
than have the charges appear on record |
against him and be removed on that |
evidence. But he said that he would |
fight the charges. Within day or two,
through the fundamentally of the de-
putty clerk Of court al Bozeman, a peti-
tion in favor of the retention of Judge
Coburn was presented for signature to
every lawyer in attendance at court. 1t
looked like an intimation that they had
better sign it or take the consequences
when their cases came up for adjudica-
ton. Most of those who were weak
enough to sign it afterward joined in a
letter to Attorney General Garland
stating the facts, saying that they were
in favor of Judge Coburn's removal and
asking that their signatures to the petit
lion be disregarded as they we're obtain
ID by duress. At Billings, Miles City
and Glendive the deputy clerk took the
same course, and they are the ones who
are getting up hole-and-corner mass
meetings and sending reports to the
newspapers protesting against his remov-
val and characterizing it as an iniquity. ]
Of course you understand that these
court clerks and deputies would be re-
moved by new judge. About Coburn's
successor / know nothing except what
he newspap pers say, but am satisfied
hat, as he is q man in the prime of life,
le will be an Improvement on his pre-
lecessor. | ann sorry that it was found
necessary or considered advisable to 60
outside the territory to fill the Office,
md sorry that the times are such that
democrats are filing the vacancies, but /
I'M glad of the change because Judge
Joburn was not fitted for the place. Be
ore he opened court at Giendive week
go on Monday, he had notification,
hough not official, of his removal. But
le opened court, and when his official
discharge arrived he seized the opDor-
unity of making great trade against it
instead Of stepping down from the bench
With dignity. He never ought to have
'pened court at Glendive when he knew
le had been removed.
He is very agreeable gentleman and
lis faults are undoubtedly of the head
nd not of the heart. But strong head
qualities are indispensable in judge"
Our informant said much more on the
ubject and in some instances used
tronger language, but what we have
quoted is sufficient to show the actual
tate Of feeling among that portion of the .
ar of Montana that practices in Judge .
y,,l,s, r,,'o diafrsnf