The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-09-16
BRIEF OF JUDGE GREEN, THE COL
ORADO LAWYER, STRICKEN
FROM THE RECORD.
REGARDED AS SCANDAL0US.
JUSTICE BREWER REBUKES THE
ATTORNEY WHO CRITICISED
THE JUDGES.
Judge Green Says He Is Satisfied.
Having Now Attained His
Object.

The sensational brief filed by Judge
L. A. Green, of Denver, in the United
States circuit court of appeals, in
which Judge Green denounced Judge
Hallett, of the United States court,
district of Colorado, was stricken from
the records of the court yesterday and
Judge Green disbarred from further
participation in the case Justice
Brewer, of the United States supreme
court, delivered the order orally from
the bench, and in doing so admins
tered scathing rebuke to the attor-
ney who filed what is deemed by the
court a ScandalouS brief.
That portion of the brief defamatorv
of the judicial character of the Colo
RADIO federal judge was published in
yesterdays Glo b e. 1t was filed by
Judge Green in the case of Thomas D.
Kelley and others against the hex
Mining company and it's officers and
agents, whom the plaintiffs have sued
to recover the value of their interest
in rich Colorado miGe, which was OBJ
tanned from them by alleged fraudu-
lent means. The defendants demurred
to the original and then to the amend
ed complaint, and Judge Hallett sus-
tanned the demurrer. The plaintiffs ap-
pealed to the United States court of
appeals from the order sustaining the
demurrers, and in due course Of time
Judge Green, in behalf of the appel,
lants, filed his brief Counsel for the
defendants Or appellees moved that the
brief of Judge Green be stricken from
the records.
Shortly after the court of appeals
convened yesterday forenoon, with
Justice Brewer and Judges Sanborn
and Thayer present, Justice Brewer re-
viewed the case and the motion to
strike the brief from the records, and
then proceeded:
This is the record and the entire
record. Upon this the only question to
be considered is whether the original
or amended bill stated a cause of ac-
ton, and the only proper discussion
in brief or argument is limited to that
question.
Instead of being so limited, the
brief filed by T. A. Green contains page
after page of denunciation and abuse
of the judges who decided these de-
murrers. 1t goes far beyond criticism
or even denunciation of the acts and
decisions of the judges, and is filled
with language which is, to say the
least, not familiar to the tongue or pen
Of gentlemen. That such matter is ir-
relevant and scandalous is evident
After service of notice to strike this
brief from the files, a new brief signed
by T., A. Green and E. B. Green was
filed, which is free from all criticism
What ought to be done?. That this
client should not unduly suffer on &C
count of the Wickedness and malice Of
counsel is clear, but at the same time
no such outrage on common decency
can be tolerated. and a client must ex-
pect to suffer somewhat for the mis-
conduct of the counsel he employs.
1.-The brief in favor of appellants
signed by T. A. Green as solicitor, and
filed July 81, 1897, and also the brief
signed by T. A. Green and e. 3. Green
as counsel, and filed Sept. 10, 1897, will
be stricken from the files of this case;
the name of said T. A. Green will be
stricken from the record as solicitor
no longer be heard in this case either
orally or by brief; the appellants will
be permitted to appear by some other
solicitor or counsel and file new briefs
within thirty days and the appellees
will have fifteen days thereafter to
file briefs, and the case will be con-
tinued and set down for hearing at
the next term of this court, all the
costs of the case up to date to be
charged to the appellants"
Judge Green, when seen later, said
that he was not at all surprised at the
opinion of Justice Brewer concerning
the brief. Nor was he at all worried
by it. He had attained his object
which was to get the case before the
court of appeals. If the order sustain
ing the demurrers is finally reversed
the case would be brought to trial
eventually in the lower court and
some judge other than Judge Hallett
would hear it, which was what he
wanted He insisted that the proceed
ings already had in the case constitut-
ed judicial robbery.
COURT OF APPEALS.