Imperial Valley press., 1909-03-20

gusting and indecent trials" he had ever witnessed
 On account of a drunken attorney. " the Recorder shouted interrupting Judge Smith.
 That's a lie.' beloved McNamara
 Lawyers Views.
 Smith. ignoring the interruption. went on "A judge is responsible for the conduct of a trial. If indecen- cies occur, he is responsible. He has the power and the right to commit to jail anyone who sets his authority at naught. There can be no excuse for permitting such a miserable ex- hibition as occurred in the Recorders court. It was an outrage and should have been stopped. What you have seen and heard tonight should con vince you that MT. Tout is not the kind of a man to conduct court heard some of that trial and I was indignant at the questions allowed in the examination of jurors. It is not proper for jurors or judge to criti- ciZe the laws or give their opinions of the policy of the body that enacted | them. Jurors were asked if they ap- proved the ordinance passed by the 1 trustees and were examined at length as to their opinion of the no-license 1 policy of the city. That ordinance is | the law. and l want to see it enforced, and that is all that judge and jurors have to do with it. l saw citizens summoned as jurors leave that court insulted and humiliated by the ques- tions asked them. The whole pro ceeding was disgrace, and the man who permitted it to go on is unfit to sit upon the bench"
 District Attorney Eshleman ad- vised the board to leave the liquor case out of consideration and pass only on the competency of the Re corder. The liquor question is not at issue here" he said. 'Is Judge Tout competent? That is the only ques- tion. It matters not that some people were displeased by his rulings, you should decide this matter, not on per. sonal feelings, not on what is best | for certain persons, but on what is | best for the town. And the best thing l for the town would be more attention | by every citizen to his own business and less standing about on street cor. ners attending to other peoples busi- ness. Remove Judge Tout if you think he is not fit for the place, not l because of his rulings There is dan. ] ger that your action will be regarded as a ruling on the liquor question, and that would not do the town any good"
 Recorders Defense.
 l Recorder Tout spoke in his own be- half, after several persons had talked along the line blazed out by MT. Aten. He said: T am not proclaiming my sonal feeling goes I would rather be out of the job than in it. I agree that much of the conduct in the re- cent trial was disgrace to the town. It would have been disgraceful to the court if the court had not been helpless. had no help, no sympathy from the trustees or the city attor> ney. The trustees were obviously in sympathy and in consultation with the element responsible for the dis, order. l suppose l ought to have jailed some people. but I could not bring myself to treat neighbors harsh. ly. Criticism of the court comes from the people who created disorder and caused delay. Instead of help, l got criticism from those whose duty it was to support me. l was fair and impartial and so far the superior may do as you please. but If you re- move me 1t will be interpreted as an act in defence of booze and the law less element.
 [Note.-The only action in the pre- mises by the Superior Court was de- nial of a writ of mandateu on the ground that mandamus was not the appropriate process of review.l
 City Attorney Conkling took the floor and said: The Recorder excuses himself by saying that he did not have the support of the city attorney :. It is well known that he has always re. jected my advice. He has turned defendants loose against my advice. He took jurors from outside the city after I had told him he had no right