Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1901-08-01
The enson-GIbboney Epi-
sOde.
From the Phila. Press

Judge Stevenson has succeeded in
holding the centre Of the stage for
week. We infer that he is not proud OF
the impression he has created Ii Is
rare that judge succeeds in doing him
self SO much damage in SO short time.
On last Monday morning the chances
Of this temporary appointee to the
Philadelphia Common Pleas bench being
elected to ten years term with little
or no opposition were excellent To
day that outlook is darkened He will
have 10 struggle for all he gets, with a
prospect that in spite Of his efforts he
will get nothing.
His Honor is victim Of oyerconf-
dence in himself and Of his own To-
quacity, bad temper, prejudice and pre-
cipitancy AS judge he took ground
he could not maintain, attempted things
he could not execute, showed ignorance
CT legal principles that are fatal in a
Judge and, above all, made himself su-
premely ridiculous. He took brave and
threatening positions and abandoned
them as soon as seriously challenged.
In the case of his proceedings against
Mr.. Gibboney, the sounding phrase Of
his manifesto was 50 alarming that his
abject retreat when brought 10 the is
sue caused a shout Of derision from
those assembled IN the courtroom when
his decision was announced. This shout
was something unprecedented in the an
nails Of the Philadelphia judiciary, and
was no doubt a contempt Of court. His
Honor overlooked il, however, recogniz-
ing, probably, that it was only an in
voluntary expression Of an honest opin-
ion
Mr. Gibboney refused TO lay his evil
dence against protected evil resorts be-
fore Judge Stevenson because that evil
dence was the property Of his client,
the Law and Order Society, and subject
10 its control and that his client pre-
ferred TO bring its cases before an i'm
partial magistrate, and this he thought
Judge Stevenson was not His Honor
immediately issued a rule upon Mr.. Glib
honey 10 show cause why the latter
should not be punished for contempt
His subsequent abandonment Of this
position leaves us 10 guess whether the
alleged contempt consisted in Mr.. Glib
boneys fidelity TO his client and refusal
TO discuss its evidence except on the
clients instructions or in his intimation
that Judge Stevenson was prejudiced
against his client.
In lawyer at liberty 10 criticize n
judge and pronounce him prejudiced If
that il his honest opinion2 IL would be
most unfortunate il truth We're sealed
up in this fashion and lawyer were
compelled TO be silent and submissive
in court where justice il denied him
There il no such- rnle governing attor-
neys in the State Of Pennsylvania For
merly. when judges were appointed by
the Governor, gays Chief Justice Shars-
wood in ex partc Steinman and HeDsel,
there might be some reason for holding
that an appeal 10 the tribunal Of popu-
lar opinion was in all cases Of judicial
| misconduct mistaken course and un-
justifiable in an attorney. Under AN
elective judiciary, says this learned
| Judge
We need not say that the case is alter
| ed and that it il now the right and the
| duty Of a lawyer TO bring 10 the notice
Of the people who elect the judges every
instance Of what he believes 10 be cor
ruptiOn or partieanship No class Of the
community ought 70 be allowed freer
scope in the expression or publication
Of opinions as 10 .he capacity, implr
/ tiality or integrity Of judges than mem
| berg Of the bar. They have Tie best
! opportunities OF observing and forminp
correct judgment They are in con
slant attendance on the courts Hun
dreds Of those a no are called on 10 vote
! never enter courthouse, or If they df
it il only at intervals as jurors, wit
nesses or parties. TO say that an attor-
ney can only act or speak on this sub
ject under liability 10 be called 20 ac
count and 10 be deprived Of his profea
sion and livelihood by the very Judge o
judges whom he may consider 10 hi
duty TO attack and expose IL q position
too mOnstrous to be entertained for
moment under our present system
Perhaps Judge Stevenson had his at
tention called 10 this decision after hr
had begun his contempt proceedings
The trouble with his Honor Is that h,
rules first and looks mp the law after
ward. He was on tolerably safe groun,
on Monday in his written opinion wher
he ruled that record Of summar,
conviction before a magistrate mus
contain the evidence on which the con
viction Is based. This has not been th,
practice in the magistrate courts 0