The San Francisco call., 1908-03-21
Prograft Lawyers MuzzIe Plan Fails
NO MUzzLE FOR
COURT CRITICS
Continued from Page 1, Column

the charges and IN many instances such srt1-
cles have been published during the pendeney
before the courts Of the various proceedings con
cerning which the charges are madei
And whereas. by reason II the great public
Interest In the graft proceedings ana the excite
ment concerning them the publication OF sucn
charges without warrant has tended 10 a marked
Hnd dangerous degree 70 prevent the Tree ano
untremmeled action Of the courts and the In
partial administration Of Justice and 10 bring
The courts into disrepute undeserved and dan
gerous 10 the maintenance Of a government By
the people themselves; now therefore be 1t
Resolved. that this association condemn and
denounce msliciously false and untrue the
publications mentioned rejecting on the motives
and integrity Of the judges Of the superior
court, the district court OF appeals and the su-
preme court who have sat in the graft eases,
and that Il Is the sense OF this assoclatlon
ihar the parties guilty Of such publications
should II possible ne called 10 a legal account
50 as 70 prevent repeutlon OF me same IN tne
future and 50 that the prosecution Of the so
called graft cases may hereafter proceed IN an
orderly and impartial manner worthy OF the
dignity Of the state and without the courts be-
ing falsely aEd intemperately assalIed and con
1emned by the partisans of either the 80 called
graft prosecution OF BY the persons accused by
u OF crime
And in this behalf it IS resolved that com
miftee Of i've be appointed by the chair 10
consider ways and means necessary for carry
Ing out the purposes and spirit Of this reso-
llrien. with full power 10 take whatever steps
% may deem advisable TO that end
SULLIVAN ASKS WHY
Timothy J. Lyons seconded the reso-
luton gingerly, saying that he did so
simply to get ii before the meeting.
For a few moments the lawyers. with
their accustomed energy, quibbled over
whether the constitution Of the assOcia-
tion permitted them TO consider the
resolution. Then Sullivan arose.
"A year and a half ago." said he,
the graft prosecution was started.
end. fortunately for the city. the
cases against the criminals who had
brought disgrace on San Francisco were
ASST gned 10 the two honest judges Of
the criminal bench. The same. de-
nouncement that is here protested
against has been heaped on those
judges for a year and a half But this
association has stood by and done moth
ing 10 protect the good name OF those
judges"
Sullivan did not mention Judge Dunno
and Judge Lawlor. but the attorneys
knew 10 whom he referred.
"A year after this prosecution was
begun. and by reason Of adverse cTiti-
cism of the appellate and supreme
court as courts. a light breaks in on
this association" he continued. 7 re-
spect the courts as courts. but it is late
in the day 10 run to the rescue Of the
higher courts. while YOU left the lower
courts in the lurch. Why undue excite
ment at this time2
When all the criminals see the loop
holes Of the law widening. why should
we go 10 the rescue of the criminals?
Il am willing to give the judges Of
the higher courts credit for the highest
motives. but to the lay mind the rulings
seem strange
COURT CONTRADICTs ITSELF
Consider the holdup case. the crime
committed by Ruef and Schmitz Ruef.
q graduate Of the University Of Cali
fornia, learned in the law, pleaded
guilty in court that he had committed
felony. Schmitz, the mayor of the
city. was found guilty Of felony
charge by jury in the superior
court
7 rise to a point of order" shouted
r. c. Van Fleet, son of United States
Judge Van Fleet. The resolut ton does
not mention those things. I move that
the speaker keep to the resolution.
Timothy J Lyons. who had tenta-
lively and apologetically seconded the
resolution a few moments before, made
the same point Of order. But Sullivan
was not disturbed Chairman GoOdfel-
low gave a slight warning on the point
of order and the speaker continued in
stout fashion.
.''The supreme court in the McKan-
nay case-the action brought by Harry
NcKannay, secretary TO Mayor Taylor.
in q test suit TO decide whether he, as
TayIor's appointee. or John Boyle,
Schmitz's appointee. was entitled TO a
salary warrant-the supreme court in
that case held that Schmitz had com
nftted a felony and had lost his office.
When the people read that opinion and
six months after read the decision OF
The same court to the effect that
Schrnitz had committed no felony how
can we criticise those critics
Il rise 10 a poiat Of order. inter-
rlpted Van Fleet again.
Very well" answered Sullivan, but
you cant answer me.
Van Fleet did not try TO-
why appoint committee Of five TO
institute proceedings against those who
criticise the justices Of the supreme
and appellate courts? They are learned
men and are able to take care of them
selves" he concluded
IN the laugh that followed, Attor-
ney A. l. We'll. who a year ago came
10 the defense of Judge Hebbard when
that jurist. while in an intoxicated
condition. helped Ruef 10 temporarily
evade Justice, lamented that Hebbaro
was the only Judge Of the lower court
who had been criticised. and the ban
association itself had taken some steps
against him.
RIDTCULE RESOLUTION
z. S Heller followed the argument
Of Sullivan and characterized the Oh
ney resolution as ridiculous.
4 ask If the bar association Is to
have the editors arrested The whole
matter practically is for the court to
attend to. If q newspaper criticises 9
court the court can bring the editor
before il on contempt proceedings The
Judges can prosecute the editor crimi-
naiIv or in a civil action for libel We
can't appoint ourselves guardians OF
the appellate and supreme court
judges"
Henry EickIe spoke to the same
effect
The resolution is so long and con
tains so many preambles, he said
that it might get US into trouble
we might have some Of the pre-
ambles stricken out" suggested on'
member.
Il move we lay ii on the table" de-
clared Sullivan. and the question was
put.
only four or five scattering member:
among the IS present voted in the
negative. After a momentary silenc'
some one moved an adjournment and
the lawyers left the hall The meeting
was held in the new rooms Of the bal