The Colorado statesman., 1908-03-14
BAR CRITICISES
The GOVERNOR
STRONGLY CONDEMNS HIS LAM
GUAGE IN REGARD TO COURT
IN MESA COUNTY.
RESOLUTIONS PASSED
COURSE OF JUDGE SHACkELFoRD
AND SHERIFF SHRADER
FULLY APPROVED.

Grand Junction, Colo.-At a special
meeting of the Mesa County Bar Asso-
citation Saturday afternoon the criti'
cism by Governor Buchtel of the Dis
trict Court officials in the Force case
was denounced in the following reso-
lutions:
1--WE consider the criticism by the
governor unwarranted and unjust un-
der the laws and facts of the case.
Upon receipt of the letter from Gov
ernor Buchtel, Sheriff Shrader re-
uuested the Judge of the District Court
to advise him concerning the proper
course to pursue, which the judge de-
clined to do, directing the sheriff to
go to the district attorney, who under
the law is the legal adviser Of all
county officers. The sheriff consulted
the district attorney and other law
yers, who advised him not to turn over
Force, as to do SO would place him in
contempt of court. On February 21st
District Attorney Selig received let
ter from the prosecuting attorney OF
Rawlins, Wyoming, asking that the
Colorado charge be dismissed and
setting forth the facts on which Wyom.
ing hoped to convict Force. District
Attorney Selig Immediately wrote
Wyoming, not connected with the case,
requesting full information and state
ment of facts.
After full consideration of the
matter, Mr.. Selig felt that Wy
oming could not successfully prosecute
Force and he therefore declined to sur
render the man. The trial and convic-
tion of Force in this county was had
without any official knowledge having
been brought to the court that war
rant of extradition had been issued by
the governor of this state and was con-
Quoted as such cases are usually con-
Quoted. We submit that the language
used by the governor criticising
judge on the bench was unbecoming
from the pen or lips of the chief eve
cutive of this state. We refrain from
any characterization of the conduct of
the governor, or any further comment
upon his course and action, because
we believe that to the minds of all fair
minded men no comment or character.
ization is necessary.
I'VE have been taught to respect the
branches of the government as defined
in the constitution and also have been
taught that it is not in the province Of
the executive to interfere in any way
in the administration of justice in the
court, and we believe that any attempt
upon the part of the executive of this
or any other state should be resisted
to the utmost by those who occupy
judicial positions. We believe that the
Judge of this district will never permit
the infringement upon the powers in
vested in him under the constitution,
by the governor or any other execu
tive of the state.
I'VE further desire to express our
approval and commendation of his en-
tire course and We are authorized by
the Judge of this court to say that he
comedies with us in expressing our
commendation and approval in the
course approved by the sheriff and dis.
trict attorney. The course of Judge
Shackelford we regard as entirely
proper and commendable, and we com.
mend him more particularly for his re
straint and silence for such unmerited
and uncalled for abuse and slander by
the governor. Nothing would more
clearly demonstrate the uprightness
and self-control and character of our
judge than his attitude in remaining
silent under such trying circum-
stances"
This is signed by Walter S. Sullivan,
Straud M. Logan, Henry r. Rhone.
Samuel N. Wheeler, Gustav VanHoor
edeke, committee.