Arizona republican., 1906-11-11

. do not believe they can obtain a fair and impartial trial before me, l shall then consider whether it will not be my duty to call in some other judge To try the case.
 do not feel disposed to pass any criticism whatever on counsel in this case for any action that may have been taken: I only have this to suggest to them. in case they desire to go ahead and procure the affidavits l have re- ferred to; that the duty of a lawyer is not solely the duty that he owes to his client. He should not allow hIs zeal for his clients supposed interests to make him forget the obligation that he owes to the court and to himself as a member of the bar. Such an ap- piication as this is should not be pre- scnted unless the lawyer who advises his clients in regard thereto advises them as to the law in this matter. and es to their rights; and a lawyer should ! be very sure that the people whom he : represents. and claims to represent in court, believe the statements that are made on their behalf by him. or authorize him so to make them ! Furthermore, 1t is not enough. in a case Of this nature. that defendant should believe, however honestly the belief may be entertained. that the ! case. or some feature of the case. may ] be decided by the judge adversely to his interests-that is not a ground for the filing of the affidavit of prejudice of the judge. The rule. as laid down. is this: "The prejudice must be against . a party personally, and not against his cause or defense, and must consist oF such settled. preconceived opinions hostile to the party as will render the H.n- sa.r
 his functions. and must be strong enough to overthrow the presumption of his integrity" C4 Enc. Pl. & Pr. 40S That is the nature oi the prejudice ! that should be described to a client ] before an affidavit alleging such preju- dice is Sled.
 T shoulC be sorry if counsel did not not understand that I realize the gray ity of this charge. I have had a high and lofty purpose and ambition. anG that has been to so serve the people that in their hearts. at least, they would believe that their causes would be fairly and impartially tried and de- cided when brought before me. I sup pose it is always true that the highe- ones ideals and ambitions. the great CT is the disappointment and dfsheart- enment when a realization of a failure
 
 him. For any number of people to charge a man with unfairness and partiality and want Of integrity. is a grave matter: but when, as here. such a charge comes from a whole commu- nifty of people against a judge. it is a terrible indictment: and though. when tried at the bar of my own conscience may entirely acqUit myself of the charge. judge may not defend him- self to others he may not deny the charge. even, and if I should so acauit myself to myself there would stil re- main the very grave question to be determined-one not lightly to be de- tormined, for there are great many matters to be considered in connection herewith. and many clements enter into it-and that is. if there exists in this community such a widespread and general feeling of distrust as is evil denced by these applications as filed. whether it would not be my duty to the people to give way to some one