The San Francisco call., 1908-03-21


the rescue ot the crSninaIsf
sm willing 10 give the Judges of
TIE higher courts credit for the highest
motives. hut te the lay mind the rulings
may seem sfrange.-DecIarattOns of At
forney Matt ]. Sullivan before meeting
Of the bar association called to consider
'sprotectfng- Judges from newspaper
eriticism.
BY an almost unanimous vote the
San Francisco bar association decided
last evening 10 lay on the table a set
OF resolutions introduced by Warren
olney II. OF the Western Pacific rail-
ways legal department. which were TO
act as 4 shield 10 protect the Califor-
r MIA courts from sings and arrows of
newspaper criticism. Il was clearly
shown that it was the higher judges
who were to be protected.
After a stirring speech by Matt L
sullivan the lawyers decided that they
would not act IS guardians OF the
courts. whom Sullivan. E s Heller and
others considered able 10 take care OF
themselves Only four or fve voted
against tabIing the resolution which
would have committed the bar associa-
ton TO the formidable task of calling
TO legal account, either in criminal libel
actions or damage suits. all editors
who have presumed TO print unkind
and harsh references to the action of
sny judge Of the superior. appellate or
supreme courts who has had to do with
z graft case.
STAB FOR JUDGE COOK
The attorneys present were easily
divided into three groups-those afil-
lated in any way with the graft prose-
cution, those interested in the grafters
and alleged grafters, and those who
have not appeared one way or the
sther in the prosecutions.
Francis J. Heney, Hiram ". Johnson
snd J. J. Dwxer. attorneys of record
In the graft prosecution, were present
Henry Ach. Ruef-s srchjuggler Of the
law and the affidavit hovered about
the outskirts OF the meeting. Frank
C. Drew OF the Schmitz defense was in
z front seat Henry c. McPike, who
appeared in the Glass case, was there.
Carroll Cook was the only judge
who attended the meeting He was re-
= ferred TO Indirectly. but beyond mis-
take, when Sullivan stated that the
graft cases were assigned 10 the two
honest judges" in the criminal depart
ulent OF the court This comment was
greeted with cheers that were checked
By misses. Cook at the close Of the
meeting left in the company of Henry
Ach.
W. B. Cope. president Of the bar ssso-
citation and law partner Of william
Brobeck, one Of the men indicted in the
Psrkside case. was not presen- AT the
meeting last evening. ". S. Goodfel-
low was chosen 10 take the chair, and
after inquiry learned what the business
Of the meeting was TO be.
Warren olney Jr responded when
Goodfeuow called for remarks on the
subject at issue
WOULD MUZZLE CRITICS
Olney prefsced the presentation of
the rescue resolution with long COM
mentary on the criticism which he con-
sidered was heaped too IavishIy on all
The courts which have touched the
graft cases. He considered that such
criticism was having bad effect on
California and should be stopped, even If
. the bar association itself had to take up
2 the protection of the jurists and punish
The presumptuous editors by having
them arrested on charges of criminal
libel. At the conclusion Of his remarks
Olney offered the following resolution.
Whereas, there hare recently appeared from
time 70 tire IN various public prints Of this
community articles concerning rulings ana de-
cisions o. The superior court Of the district
eourt Of appeals aud of the supreme court of
the state IN the 80 called graft cases and con
ceruing also the motives and characters Of the
5Udgq participating in such decisions
And whereas, this association believes II es-
sential 70 the public welfare that free and full
discussion and criticism OF the decisions Of the
courts and OF the courts themselves Be per-
mitted provided ouly such discussion and crfti-
cism be reasonable and honest;
And whereas many OF the articles referred
To- both IN those prints attacking the SO called
. graft prosecution and IN those supporting it.
have exceeded The bounds Of reason and deceucv
and have attacked the motives and integrftv Of
the judges themselves In making The decisions
and rulings ID the graft cases. without justifcs-