The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1908-10-19
BY gibson GARDNER.


DElN EN-, SOi, OCt. ". WhCi 2
can the people turn for relief, when
they see the judicial ermine made
to cloak an open robbery of the
people? And what must they say
when they see the power of a court
of equity, supposed to be exercised
for their protection and for the pre-
vention Of oppression, actually
prostituted to the base uses of the
public utility corporation in its
frenzied endeavors to avoid the
solemn contracts into which 1t has
ent,red? These are some of the
acfayns of the corporation throne
powers and the courts that lead to
the cult OF anarchy and actually
make it respectable"
The above utterance is not that
of some frenzied agitator. They
are not the words of socialist,
nor even of IAN irresponsible muck
raker." They are the comment of
the compiler of Mills Annotated
OtdtuCCo VI SOioi duo, iSSo6hiAOu 90
the leading legal writer i'm the
state. And he was talking about a
case brought by the Denver Gas &
Electric Co. before District Judge
Morton s. Bailey, this fall can
didate for the Colorado supreme
court.
Speaking Of this supreme court
OF Colorado, one of Denver's lead
ing lawyers. Edward p. Costigan,
said few days ago, in an address
before the annual meeting of the
Colarod Bar association:
1T has overthrow, at once and
unfortunately, the precedents
and practices of courts of equity
in many ages, and the legislative
enactments and constitution of
Colorado, and it has done all in
the name Of the prerogatives Of
ancient kings, whose arrogant pre-
tensions were humbled, and whose
basely asserted rights were trans
ferred in other countries by popu-
lar uprising to the sum of popular
liberties"
In other words, the supreme
court has, in the Judgment of this
attorney, done enough to warrant
an insurrection.
That this is what was meant by
Mr.. Costigan Is further indicated
by his discussion of this courts
judicial usurpation and revolu-
ton" In the same address. he
said: Judicial revolution is not
preferable either to executive des-
potism or the temporary rule of the
mob, and unless the people, regard
less of their courts, through proper
executive and legislative channels,
and these failing, through a burn
ing indignation expressed in action.
shall reassert the inviolability of
the suffrage, then government by
the people not only should fail; it
has already failed"
The special text for these re-
marks was the action of the SUI
pfeme court in assuming control of
the Denver elections, by means of
blanket Injunction writ, with the
result that democratic majority
was converted into republican
majority as to county offices, a
democratic majority was converted
into republican majority in the
state senate and two new members
of the supreme court, of the same
politics as the court, were ap-
pointed by republican governor,
| questionably elected. incidentally,
people were sent to Jail by the
| wholesale, without trial by jury or
| statutory warrant, for alleged VIC
lations of the blanket injunction.
Commenting upon another case
decided by the Colorado supreme
court, United States Senator Henry
M. Teller (who Is not exactly n
firebrand). said: "My professional
education and long professional life
X db ~ lawyer uuNt iluut ilfS cAtttu-
ingly conservative when l come to
.speak of decisions of courts. l APP
Ipreciate, as all lawyers do, how inn
portant it is that the people shall
have at all times confidence in the
Integrity and ability of the judici-
larry, and shall content myself with
Saying that / do not believe the
Edecision of the court can be sup
ported upon principle or precedent,
and the court will have the distinc-
tion Of being the only court in this
broad land Of ours that has ever
made decision of this character"
Another United States senator
From Colorado, Thomas M. Patter.
son, being newspaper man In
stead OF lawyer. has openly
lcharged members of the Colorado
supreme court with being improp-
frly influenced, and with having
bargained for certain judicial de-
cisions before their appointment.
when he offered to prove his
charges the court refused to hear
fh9 proof, bat held that it was con.
Tempt to make such charges, and
Mr n.Nk A.. L..