The San Francisco call., 1905-06-16
TOMSKY WANTS
COFFEYS SCALP
Attorney Threatens to Sc
cure Prohibition Writ to
Suppress Probate Judge
SAYS LIMIT Is PASSED
Complains That Court Roasts
Him Without PrOyocatiOn
at Every Opportunity

Boiling with suppressed anger At
torney William Tomsky emerged from
Department of the Superior Court
yesterday morning and announced that
he would have the law on Judge Coffey.
Il have been roasted in public and pri-
vate by Judge Coffey until patience has
ceased to be a virtue, said Tomsky to
a group of sympathizers. and now 1
purpose seeing If there is not a law
that will protect the bar from the sa-
tirical shafts he hurls at every pos
sible opportunity"
How do you purpose invoking the
law to stay the wit and stop the flow of
spleen of which you complaint" was
asked
Tomorrow, or the next day IN any
event, / will appear before the Su-
preme Court and ask for writ of pro-
hibition. There is no law, written or
unwritten, nor is there a rule Of the
court actual or implied, that gives a
Judge the right to exercise his author
ity, stand on his power to punish for
contempt If he is answered back and
verbally fay every attorney that dares
oppose him in word or thought
There is no question that it would
be an unusual proceeding TO move in
the Supreme Court for writ prohibit
ing Judge of the Superior Court from
expressing his opinion If he adheres to
proper form, but there is limit There
is law that protects the court from
overt acts of the bar, and it is my opin-
ion that the law will protect the bar
from the thrusts of the court and I
shall invoke it. This is not mere angry
talk; l mean what / say, and the Su-
preme Court shall hear what l have to
say"
So it is that warfare has again
broken out between Judge Coffey and
Attorney William Tomsky. The new
breach came about this way. The
estate of Axel Gutsch was before the
court on petition for distribution.
Tomsky came into court and opposed
the petition on the ground that he had
a claim against the estate that had
been rejected by the administrator and
it was the intention or the claimant to
bring suit to recover
Gustav Gutsch, a brother of the de-
ceased, who appeared as attorney for
the administrator, had much to say re-
garding Tomsky's delay and requested
the court to proceed with the distribu-
tion.
No matter what 1 would like to do"
said Judge Coffey, Il must keep in
mind what counsel say and do. They
come here with all kinds of peculiar
requests and when I take them to task
NASS AuSh 10 the Court, pre-
sent things in their own light, and /
am taken to task. If you do not know
this to be fact, L refer you to the case
of Tomslky against the Superior Court"
When Judge Coffey had concluded the
perturbation of Tomsky's soul was
plainly manifest
That was a case in which Judge Cof-
fey tried to take away from me a fee I
had earned" said Tomsky. as soon as
he gained the corridor. 'T went to the
Supfeme Court and I won out But this
thing has got to stop now. Judge Cof-
fey is constantly questioning the in
tegrity Of the bar and running his court
as a kindergarten of ethics for the legal
profession. 1 shall apply for a writ
Of prohibition, and that falling / shall
keep trying until I find a method that
will bring a long suffering bar much
needed relief"
When he heard of Tomskys threat.
Judge Coffey smiled. His armor is we'll
tried already in combats with members
of the bar that failed to see ali ,n1ngs
in his light