Cañon City record., 1910-12-22
Mr. LOCKE:
EXPLAINS
COURSE
SAYS THAT HIS DUTY is TO ACT
ON HIS JUDGMENT AFTER
EVIDENCE HAS BEEN
SHOWN.

is credited by the Denver News as
having given out the following inter-
view in Denver regarding his position
in connection with Attorney General
Barnett's alleged graft Investigation:
"On October 12 General Barnett
submitted to me evidence touching
coal sales to the penitentiary and that
was in the form of report from the
Continental Audit company, coupled
with a little book kept by man
named Johnson at the penitentiary,
called the penitentiary track record"
together with Johnson's affidavit, or
testimony, concerning the book
This was all the testimony and the
only matter presented to me. ex-
amined the matter carefully. and on
October 90 made a report to General
Barnett with my opinion concerning
that evidence to the effect there was
no evidence of the non-delivery of the
coal. or any part of it.
"The report covered long records
and in itself was lengthy necessarily.
then requested him to submit any
further evidence or make any other
suggestions.
81 heard nothing from him until
last Saturday afternoon late, when he
requested me to meet him Monday
morning and sign some informations
which he would then have prepared.
giving as a reason that he desired to
eliminate any question concerning
his authority to present information
to the district court or our county. He
did not get his papers Monday morn
ing and I asked the Judge to adjourn
court until o'clock in order that he
might get his afternoon mail.
'Just before going into court Cen
eral Barnett presented to me two in
formations which he asked me to
sign They have not been filed and |
will not disclose the names OF the de-
PENDANTS requested that he give me
time to examine and consider the mat
ter They related to the coal sales and
he told me he had no evidence in ad-
dition 10 that which ! had examined.
For some reason, best known to him
self, he declined to give me the time
and went into court with an applica-
'ion to file 'ther informations. pre-
sumably in connection with the same
matter. signed by himself.
Il then protested as district attor-
ney and stated to the court the above
facts and then asked the court to give
ne time to consider OF my duty in
the premises and particularly to ex-
anime the law as to the right of the
attorney general To present informa-
tions charging criminal offenses in
our district ccurt
1T is the first time, to my knowledge,
a-d believe. the first time an at
torney general has ever assumed such
authority in this state.
81 protested because believed it
my duty ms district attorney to pass
judgment On those matters. | believed
1t to he my duty to examine the evil
dence and determine whether it con-
stitutel su Hcient showing to war
rant action.
This case would necessarily in
volve heavy expense upon our county
and believe It to be my duty to de-
termine in advance of entering on a
cause whether the expense should be
incurred or not.
"If there is evidence of guilt suf-
ficient to warrant action the expense
should net be considered. If the at
torney general has authority under
the law to appear and prosecute then
/ will aid him to obviate technical
difficulties in the matter OF filing in
formations and in any other way
may be able TO be Of service to him II
public officer. II he has no authorit,
under the law and the authority il
vested in the district attorney. then
claim the right to have evidence sub
mitted to me and that my judgmen
should be controlling as a public Of
ncer.
This question Judge Champion Il
10 hear arguments upon next Friday
Pm opposed TO getting into the news
papers with court matters. but deem
It duty TO myself hat this mattei
be understood. ! came here to ex
anime authorities in the supreme
court library which nre not available
nt home"