Cañon City record., 1910-12-22


charges which were made in these in
formations, and that is still my opin-
ion. and as District Attorney, l decline
now to sign or tender these informa-
tions. As to these matters, General
Barnett presents them upon his own
official authority, and if they relate
to the same matters they meet with
my disapproval for the same reasons;
but il he desires to file them, and the
Court sees fit to receive them, it must
be- and win be, upon his own official
responsibility. and he must bear the
result of whatever comes from the fl
ing of these informations. and the
wrong and injustice done thereby.
The full text of Judge Champions
opinion in disposing OF the proposition
was as follows:
with respect to the filing of these
informations, gentlemen, the Court
believes and it had right to assume
at the last session of this Court, that
the question involved respecting the
rights of the respective officials would
be presented to this Court at this time.
but there is nothing new before the
Court in addition to what was before
that time, it seems to me. the matter
has been largely one of public con-
cern. and about which good many
things have been written and said. and
the Court fools copctrafnad IN GOV OF
this time that il does not approve of
the matter of discussing in public
columns of the press matters which
are before the Court of large concern
and undetermined. There can be no
good result from any such discussion
or presentation of matters to the peo-
pie; nothing more than to inflame per-
haps their minds, or give them false
impressions with respect to the things
which are involved for determination.
The only question which was before
the Court, as suggested by the Court
at its last sitting was purely a legal
question: nothing else involved at all
but the plain determination of legal
problem which was said to be involved
in the matter OF the right of the At
torney General to appear in this Court
and to file information direct
The District Attorney is the judicial
officer of this Court, representing the
people in this district In matters OF
public concern. both in the matter OF
disposing of the peoples cases where
informations charging crimes have
been filed. and also any other matters
wherein the rights of the people may
be involved; and I want to take this
occasion to say that during the two
years have been upon the bench, Mr..
Locke has been the public prosecutor
and he is the District Attorney of this
district. and during all of that time
the Court has felt. and believes at this
time. that he has been a competent
officer. and that he has at all times
done his duty in faithful and efficient
manner. and we have always felt that
we could rely upon his Judgment with
respect to what a given state of facts
might illustrate. or with respect to
what his legal conclusions were, and
the Court is not changing its mind
any at this time. 1t still has that faith
in its public prosecutor, and It has no
patience for The unnecessary and It
seems TO me unwarranted. criticisms
which have appeared in the public
prints of and concernins, matters be-
fore this Court. Let the record show
that leave will be given to the Attor-
ney General. prosecuting as such Of
ficer for and on behalf OF the people
of the State of Colorado. to file the in
formations rendered at this time: but
in permitting these informations to be
filed at this time the Court does not
want to be understood as concluding
any question involved in this matter.
or as expressing any opinion with ref
erence to the question that has been
raised. or as Indicating in any way
what its conclusion might be II the
matter had been presented to 1t and
an opinion upon the question suggest
ed here been sought. Lot capias is
sue according to the statute In each
of these cases and let the afldavits
rendered with the information be
filed.