The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-04
JUDGE BAKERS REMARKS
THE BAR ASSOCIATION COMMITTEES
REPORT DISCUSSED.
Concluded thai the Association Had
No JurisdictiOn-A Resolution of
IS Censure Voted Down.

The Marion County Bar Association met
yesterday to hear the report of the griev-
ance committee on the language alleged to
have been used by Judge Baker, of the
United States Court, while hearing the suit
of Church and others against the Citizens
Street-railroad Company. There was a
large attendance of the association, and
the meeting was prolonged until after II
o'clock.
The language reputed to have been used
by the court was to the effect that lynch
law might be resorted to in obtaining re-
dress for the wrongs which the plaintiffs
complained of. The committee, of which
l.. c.. Walker was chairman, found that
the Bar Association had no jurisdiction in
the matter. The court, the committee
found, had spoken of persons not parties
to the suit, and gave Judgment in favor of
the attorneys whose clients were interested
in those the court was c~ondemning. Fur
thermOre, the committee found that the
courts conduct had not interfered with
the administration of justice, and, there
fore, the committe urged that the subject
be dropped. 1t found, too, that Judge
Baker had used the language attributed to
him half in earnest, . without any thought
or intention of encouraging laWlessness.
Filed with the report were copies of the
newspapers containing the Objectionable
language used by Judge Baker, as follows:
JuuSG LdhCI-1 Ills COMPANY COllSlStCd "
Mckee and three, four or five other people,
who were his tools and instruments for the
accomplishment of this thing in which they
had no interest at all.
Mr.. Winter-That is the proposition; that
such stockholders vote to issue $1,000, 900 of
stock and give it to themselves-water the
stock in favor of themselves.
The Judge-And the poor devil who buys
watered stock is to be without remedy
buying stock that was three-tifhts water,
he bought it with his eyes open and could
not complain of the company.
Mr.. Winter-It makes no difference
whether he knew of it or not, under the au-
thorities. Every time a company issues
watered stock it cannot be called a con-
spiracy or fraudulent. No company ever
issued such stock without knowing that it
would go into the hands of remote pur-
chasers, h could not know of the facts
with reference to its issuance.
The Judge-If the law does not give any
relief, and do not know that it does, there
ought to be by popular subscription a lot
of lamppoSts provided for hanging up the
fellows who go into such business.
Mr.. Winter do not know that l can go
to the extent of that. If the law is remedi-
less. the people should take it in hand by
legislation.
The Judge-Yes; that would be better;
but something should be done.
A resolution was introduced by Attorney
General Ketcham condemning such stock
jobbing" as was charged in the bill of COM
plant, which had aroused the Indignation
of the federal court, and calling the atten-
ton of the Governor and the prosecuting
attorney to the alleged schemes. This reso-
luton, however, criticised Judge Baker,
contending that a court while on the bench
has no right to use language that might be
interpreted to mean an approval of lynch
law. Neither had the court a right to
''hrow-beat" an attorney who Is protesting
against such language. The resolution was
defeated by a vote of Is to IS. The report
of the grievance committee provoked a
heated discussion. Among those who IA
vored Mr.. Ketcham's resolution were Chas.
w. Smith, Horace Smith and Green Smith
Among those who supported the report OF
the committee were l.. c. Walker, w. L.
Taylor, John b.. Cockrum. John II. Wilson
and w. p. Fishback. Some opposed the re-
port of the committee on the ground that a
court has no right to reflect on the charac-
ter of persons not connected with the cause
on trial. and others because they did not
desire TO uphold the court in his conduct
toward attorneys for the Street-car Com
pany. Those who favored the adoption oil
the report either did so because they die
not feel the Bar Association should be cen
sured by those who did not understand It's
action, or because they felt Judge Baker
should not be condemned for a ~thoughtlesS
expression shared by many people. Al
length the resolution of w. l.. Taylor, IA
vorlng the adoption of the report, was
adopted by a vote of % to Il.
This morning the Bar Association viii
hold a meeting TO take action on the death
of Ex-Governor Porter.