The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-12
Justice Gummere Will
Hear Argument on nan-
damns Proceedings.
BUT AFTER ELECTION
Rule to Show Cause Issued, Re-
turnabIe When Gubernatorial
Fight Is Ended and Campaign
Material Is Ne Longer Need.
ed by Either Party.

A rule to show cause why a writ Of
%mandamus should not be allowed to re-
view the records of the Supreme Court
in order to get at the disbarment pro-
ceedings against John Franklin Fort
and Joseph A. Beecher, along the line
of Alden Freeman's fight against the
Republican candidate for Governor. was
allowed by Chief Justice Gummere in
the Supreme Court circuit today. The
rule, which is directed against William
Riker, as Supreme Court clerk, was
made r%eturnable the day after election,
November 6, when it will be heard in
Trenton.
Harry Campton, as counsel for Mr..
Freeman, made the application. He
presented it in the form of bulky afh-
davits, which were merely SKINNED
over by him so that the chief justice
could get their drift.
In the application Mr.. Freeman first sets
forth that he is a resident of East Orange
and that he is 'credibly informed ID such
manner that he believes and charges 1t to
be true, that certain legal proceedings were
instituted in the Supreme Court Of the
State of New Jersey against J. Franklin
Fort and Joseph A. Beecher, who were
then and are now attorneys and counselors
at law practising in said State, the object
of such proceedings. being to disbar the
said J. Franklin Fort and Joseph A,
Beeeher from their offices as attorneys ana
counselors at law and to remove them Al
officers de facto of said Supreme Court
The oft-told story of the alleged prac-
uses that "aggrieved and injured persons
is detailed with legal verbosity and it Is
said that the afidavits alleging NAL
fessance and improper conduct on their
/ nc ~ mo ~A~ - IL = a.
and in the custody and control Of the clerk
of said Supreme Court"
Copies of atfidavits Of Freeman's at
tempts to get copies Of the record were
annexed: together with the returns made by
! the clerk of the Supreme Court. together
with Attorney-Genera Robert H. Nc
Carriers opinion UNFOLDING the clerk in
his refusal to submit the records TO Free
l man or anybody else.
Following is the affidavit submitted by
MI. Campton on behalf of Mr.. Freeman,
setting forth the reason why he has made
q his application for the writ.
? And deponent further says that the
I matter OF said af1davit is of peculiar and
a particular public interest at this present
time, and that deponent, as one of the
: general public and as a citizen. Taxpayer
q and voter of this State, has a like Interest
In the matter contained in
and particularly desires to become ~
formed of the nature of the charges mada
against the persons named therein for the
B reason that the said John Franklin Fort
4 Is lON SeehlHB the vote OF deDOnenf in
\ an election to be held by the public citizent
and voters of the State, fer the honorable
office and position of Governor OF this
: State and as one of the party known as
the Republican party, and this deponent
desires to be informed il the said John
rankin Fort is a fit and proper person
to be so elected Governor of this State.
And deponent further saws that he is
chalrman Of the county committee of the
Independent, Citizens party of Essex
/ County. and as such advises such party
In matters POLITICAL and his ilIdprnanf ia
sought therein, and that Inquiries are
made of deponent by such party as to the
John Franklin Fort. for the position of
Governor Of the State of New Jersey. but
that he Is unable to answer inquiries or
said j. Franklin Fort in the public news
papers of this city and State unless he
can. obtain the information contained in
said affidavit and learn therefore if the
matter thereof in any way affects the
character and fitness of the said j. r.
State.
And ]degonent further says that as suel,
further interested in the making and GER
flying of true copies of said ~affidavits. rs
thereby the State will receive certain pay
Of the fact that II Is t6e dufv Of shs sa3l
clerk of sid Supreme Court 10 make ard
certify sub copies OF said papers. and 80
receive moneys and accouni 10 the state
therefor"
When the reading Of the documents
had been concluded Attorney General
Robert H McCarter on chat OF the
State. said that Mr.. Campton had been
courteous enough to give him notice Of
the application, and that he had been
in official communication with the clerk
of the Supreme Court on the subject.
His conclusions had been, he explained.
as he had set forth in a recent letter,
that the papers belonged to the court,
,,J v,yftIa,t crJara - H. .or~t
they should not be made public prop
erty.
"On the assumption" added Mr.. Nc
Carter, that the court will take ju-
dicial notice of tho facts presented |
declined to act.'
The letter of the Attorney-Genera
was printed at the time the CORES
pondence was at it's height.
1.-THE only question before me now"
said the chief justice in deciding the
matter, lis whether a citizen or q
member Of the public is entitled TO
inspect such a paper on file in the
Supreme Court.
Il am not prepared to say whether
he is, or is not, entitled to such con-
sideration, but it seems to me that a
person who asserts a right to a copy
or to take a copy is entitled to have
the existence of that right passed upon
by the court.
II am not asked to direct a man
|, damus," he continued. II am simply a
Judge in chambers. and as such. as
: you know, have not hat power. | am
simply asked for a rule to show cause
so that the matter can be determined
by the Supreme Court. There is every
reason why the question should be de-
termined by the proper tribunal and,
tharafore. I will allow the rule"