The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-03-21
fhe Provo Bar Indicts Judge
Blackburn on Several Counts.
no MINCING OF WORDS
He Is Systematically and NotOriousl!
Unfair and Unjust.
BE Lacks Judicial Mind, Dozes on the
Bench, Is Discourteous, Physically
Incapable and Generally Incom-
petent-Some of the Charges.

Provo, March 20.-Another session of
the bar association was held this evening
at the county court house and again the
n newspaper men tapped for admittance.
They were met by the sergeant-at-arms
who handed in their request for entrance.
Considerable debate followed among the
disciples of Blackstone as to the propriety
OF admitting them, when they finally de-
cided that the reporters should take a
chair in another room. All matters
pertaining to charges against officers of
the court they desire to discuss in secret.
After going into session the body
elected Soren Christensen sergeant-at-
arms and after the usual opening the
special committee on charges reported.
They presented a document which con-
tanned the charges they have to prefer
against Judge Bla ckburn and which
give the grounds on which they ask his
removal.
The meeting was attended by every
member OF the bar with one or two excep-
tions, and following are the resolutions
adopted:
INDICTED ON SEVERAL COUNTS.
1t is resolved ana charged by the Bar
association of Provo city, that John w.
Blackburn is incompetent to discharge the
duties of Office Of associate justice of the
supreme court of Utah territory and pre-
siding Judge of the First judicial district
court, sitting at Provo city, for the fol-
lowing reasons:
First-He assumes the role of especial
COUNSEL Tor one side, and is systematic
cally unfair and unjust in his conduct and
rulings to the other in almost every case
that is tried before him. So apparent and
so notorious has this become that it is a
matter of ordinary comment, not only by
the members of the bar, but by the people
generally who frequent the court room.
Second-He has not judicial mind.
He is absolutely lacking in the ability to
apply the rules and principles of law to
the trial of cases. He continually vio-
lates the most elementary rules of evil
dence, either from ignorance of these
rules, from inability to distinguish and
apply them, or from a wilful or uncon-
scious disregard of such rules under the
influence of his prejudice in the particu-
lar cases.
Third-He is physically incapacitated to
discharge the duties of his office BY reason
OF age and bodily infirmities. It is not
an unusual occurrence for him to fall
asleep during the trial OF q case. whether
of law or equity, while on the bench, SO
that the attorneys resort to the expeiient
OF dropping book or making some other
unusual noise to awaken him, and secure
his attention TO listen to an objection or
discharge some other duty connected with
the trial, or make up the record without
the Judges assistance.
Fourth-He is wholly lacking in judicial
dignity. He constantly interrupts the
orderly trial of cases by scolding, snappish
and discourteOus interruption of counsel
during the examination of witnesses or
Jurors, and on other occasions, which are
often permitted to grow into unseemly
contentious between himself and counsel.
The trial OF the case or the arguments of
counsel are constantly interrupted by
Querulous complaints and directions to
the bailiffs and officers of the court. To
such an extent has this been carried that
it has become simply uncomfortable.
Fifth-He is dlscourteous and arbitrary
in his conduct towards members OF the
bar practicing before him. This is par
ticufarly noticeable in his treatment of
younger members of the bar.
Sixth-This association is not actuated
by any personal feeling against him, but
wholly by the honest belief that his ap-
pointment was mistake and mis- incum-
bency of the Office misfortune already
endured too long. This feeling is not
confined to the members of the assOcia-
ton, but is concurred in by almost every
attorney in this territory who has prac
ticed before him, and by the people gem
orally who have been brought into contact
with him.
We earnestly petition the president of
the United States to cause his removal
without unnecessary delay, and to that
end we invite and welcome investigation.
LICENSE UNDER FALSE PRETENsE.
At meeting of the city council Julian
Riley complained that s. NJ. Duggins was
carrying on a whiskey business contrary
to law, having taken out license to run
q hotel, and falling to do SO as the terms
of the law required. He stated that he
was carrying on a hotel business at con-
siderable expense next door to Mr.. Dug
gins, and that the latter's saloon was
damage to him. Suit was threatened
against Duggins if the council did not
make HIM come within the limit of the
law, which could only be done by COM
pelling him to open a hotel. The COM
Inittee on license was instructed to inves-
tigate-
8. A. Wilson was appointed by the
council as successor to William Probert,
who resigned his position as q member of
that body at the former meeting. The
vote stood five for Wilson and three for
r. N. Taylor.
The confirmation of James Gray as
deputy watermaster was recommended by
the committee on irrigation.
FREE SHOW TODAY.
Judge Jones dropped remark that if
the newspaper men desired to witness
little comedy they could get it free by
being about the court house at l O'Clock
tomorrow.
Mr.. Corwin, who has been employed
for some time at the Dispatch office, left
tonight for Kearney, Neb., where be will
engage in the printing business.
STREET RAILWAY RELIC.
Benjamin Bachman, jr., VINO is secre-
tary of the detcnct Provo Street Railway
company, received word yesterday that
the company seal was at his disposal in
New York city at the Salt Lake d Fort
Douglas railway Office. 1t was left there
by John w. Young at the time he bonded
the road, and failed to report his doings
back to the street railway company in
Provo.
DAVC0N p0TETc