Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-10-09
Only Twelve Railroad Cases
Have Been Before New Mex
leo Court During Service of
Present judges.
DECLARES ATTACK FALSE,
UNJUST AND MALICIOUS
Desires to Know if Golfers VIII
Also Charge Supreme Court.
of United States With Cor
ruption.


The accompanying editorial which
appeared in the issue of Collier
Weekly of October 3. has attracted
wide spread attention in New Mexico
and in the west. What has inspired
the attack on the New Mexico sup
rene court at this time is not known,
but the attack made upon the court
is sufficiently grave to demand the
attention the article has received.
The attention of Judge Edward A.
Mann, former associate justice of the
New Mexico supreme court and now
Il practicing attorney in Albuquerque.
was called to the article several days
ago Judge Mann at once pronounced
the editorial not only mslea ding. but
false. unjust and malicious, but asked
time to consider it before giving any
statement Yesterday Judge Mann
gave the Morning Journal the follow
ing statement concerning the attack,
for publication.
+ Albuquerque. y. NJ, Oct. s, 1909.
Editor Morning journal.
An attack OF the nature of the re-
cent editorial in Golfers upon a court
Is always cowardly when coming from
outside the jurisdiction Of the court
where contempt proceedings are inn
possible. Judges are peculiarly help
less in such matters. They cannot
rush in TO print in their own defense
by reason OF an unwritten, but time
honored rule of ethics which precludes
even the appearance of discussion of
their official conduct When they are
attacked unjustly it is the duty of
members Of the bar, who are sworn
officers of tho court to defend them
This rule is laid down in the code of
ethics adopted by the American Bar
association as one of the first duties
of an attorney 1t is also duty
which every good citizen owes to so-
cety. The courts are the safe guards
of our form of government, and the
people have and have always had
the utmost confidence in the courts.
The executive and legislative depart
ments of the government are essen
TALLY political in their nature they
are naturally swayed by political opin-
ions and policies, but the judiciary in
the theory always, and in practice
generally at least, interpret and con-
strue the laws impartially and with
an honest effort to mete out justice
without fear or favor and regardless
of political effect. Destroy the faith
Of the people in our judiciary and you
have gone a long ways toward de-
stroyins their faith in a republican
form Of government
In taking this action am not in |
in the least by the fact that |
! was member of the New Mexico |
supreme court for five years and that |
the collier editorial might be consid- |
cred a reflection on me personally. |
The attack in Golfers on the supreme |
court of New Mexico is not only re- |
Election upon the gentlemen who hold |
the positions of Chief Justice and AS
sociate Justices of the supreme court, !
but il il aimed at New Mexico and |
reflects upon every citizen and every |
interest of the territory which is |
knocking for admission at the door of |
the union. It is not only misleading, |
il is false. unjust and malicious.
In the first place it seeks to place |
upon the present justices of the su-
,reme court the responsibility for all |
The railroad litigation which has been
before the court in the history of the
territory. when as a matter of fact
vince the oldest, in point OF service,
II the present judges have been on the
,ench there have been but twelve
cases before the supreme
'ourt of this territory. So far as |
laye been able TO discover from cas-
ial examination Of the reports. they
ire as follows:
Cerrillos Coal II. II. Co, VS. Descr-
- \