The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-01-15

at all inspired" He said that law
yers should not be so intent on win
ming cases as on the administration OF
the law.
Right of Criticism.
Referring to the matter OF CRITICS.
ing decisions, Colonel Sanders said:
mo civilization can progress unless
every decision of it's courts can be
subjected to the fullest examination
and criticism in the light of what is
right. and this cannot be contempt"
Colonel Sanders said that courts
and the bar were confused as to the
rights of criticism and that as a re-
suit justice was becoming perverted.
He said that while newspapers did
not have the nerve to criticise a de-
cision of a court after it was
rendered, which they had a right to
do, the same newspapers would "stick
their noses into cases in court, and
attempt to influence the determination
of these cases, and then complain
when they were brought to account"
''These judges would thank us for
our frankness," the veteran lawyer
continued, "if we should go there in
the spirit of our oath and stand for
the administration of justice in Mon
tana, and then the court would sub
serve the purpose for which it was
intended. If the decisions of high
tribunals command the respect of in
'%tellectual persons it is because they
have permitted the fullest discussion
of their actions.
BIames the Lawyers.
"If the lawyers of the state of Moi
tana were not muzzlzed, We would not
have a decision of the supreme court
of the state of Montana to the effect.
that it would not disturb the decis-
ions of lower courts unless gross in
discretion was shown. l do not know
where that kind of law came from,
and l could cite many instances where
justice has been perverted.
MANY of these decisions stick in
the bark-they fail to reach the core.
A little misnomer in a recent case
where the word railway was used
instead of railroad caused the set
ting aside of a trial verdict and judg-
ment, when no one was misled by the
mistake" 49, X
Colonel Sanders then referred in
caustic terms to the decision of the
supreme court to the effect that tech
meal mistakes, in which no one was
misled, would not mitigate against a
litigant, was intended to apply only
to the lower courts and uoL to the
supreme court, and added:
What May Happen.
when it comes to the point that
the supreme court of the state OF
Montana sets itself above legislative
authority, again will be raised the
great question thai has disturbed ma
tons, that has started the tramp OF
armies and the rumble of cannon.
1t is within the province OF the legls-
lature to say how an appeal can
be made, and l do not believe tina
the supreme court has any preroga
tives whereby it may disobey and
defy the voice of the people and throw
aside legislative enactments. Law is
not made by a vote up there, but ~
the right of the thing.
"Where will this thing end? l sa.
that if the court continues to override
the wishes of the people as expressed
by their legislators, the time vii
come when the legislature will declln'
to make any appropriation for tn
support of the supreme court, an
from past actions, it is but REASONABLE
to suppose that when this comes t
pass the court will put it's hand il
the treasury and take out of its oW
accord the money for it's salary.
81 do not want to say these thing
hut. somebody has got to say them
Colonel Sanders then referred
the supreme court commission as To
= buffers which stand between the LAY
' yers and the court. He said tqat IL
: creation Of this commission was
most vicious piece of legislation,
: a%dulteration of the judicial powers
the state.
= "Why did they not create o
court, instead of providing FOR u
:, appointment of underlings throu'
y whom cases are sifted before tn
= finally reach the COURTS" Color
:. Sanders asked. 81 fail to see the {
-, iect of this commission. Surely
was not to help the court IN us
~-v n