The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1910-01-15
OSBORN STICKS
TO Ills Stand
Still Maintains Montgommery's
Candidacy Unethical and
Unconstitutional.
CHALLENGES HIM TO A DEBATE
500 Aspirant for Governorship Says
Il is Too Serious a Matter to be
Joked Aside, and Should be
Decided on Merits.

sault Ste. Marie. Jan. 15.-Chiei
Justice Montgomery gave out a state
ment January 10, from Lansing, con-
cerning the protest Chase S. Osborn
has made against his being n candidate
for governor, declaring Justice Mont
romery's position to be both unethical
and unconstitutional. In reply Mr.
Osborn gives out the following:
"The extracts from my letters to
Justice Montgomery are correct. In
all my correspondence with him 1 have
tried to be kind and respectful. but
direct. In relation to my favorable
regard for Justice Montgomerys cam
didacy up to a certain time all have
10 say Is that up to that time I did not
know of the serious constitutional in
bibition that should deter him. And
| am sure that most of those who
wrote encouragingly to him did not
know of il. Mr.. Lew Rowley. one OF
the best informed men in the state,
told me that he did not know of the
provision in the constitution involved
the splendid tribute to Justice Mont
gomery publicly supporting his cam
didacy | am of the opinion that JUS
tce Montgomery should have informed
his friends of the exact legal and eth
ical embarrassment in the way of his
candidacy. The constitution of 1850
gave TO the eight circuit court judges
Of that time supreme court powers
and then prescribed that they should
not be eligible for other than judicial
office while on the bench and for one
year thereafter. / am not a lawyer,
as Justice Montgomery correctly
states, but can read sign board on
the public highway. Which is equipment
enough to satisfy me that his position
is wrong. But for fear that might be
in error, obtained advice supporting
my views from some OF the best law
yers and most respected judges both
in Michigan and outside of the state.
Justice Montgomery's candidacy
was inspired by lawyers who should
have known better, il has been fos-
tered by and among lawyers and there
In lies the great harm of 1t. A prom
inent lawyer said to me referring to
Justice Montgomery's candidacy: ut
Placed any lawyer who did not sign
his petition or support him after having
been written to by him or his manager,
in an unfair position. No client would
rptain lau,var v.bo ,,.oo norcono non
grata to the chief justice. ETC., etc"
ut would seem most apparent that
Justice Montgomery cannot avoid trad
ing upon his high position II he per-
sists in being candidate. There can
not be two codes of morals. one for
supreme Justices and one for circuit
judges. The supreme court constant
ly reviews the acts of the circuit courts.
MY protest against the candidacy
of Justice Montgomery must not be
regarded as personal attack. our
controversy shall proceed upon its
merits so far as I am conce'" ii and /
consider II too serious n ma n to be
confused by alleged funny stories. or
satire. Justice Montgomery is either
very wrong, or he isn't If such n
thing were possible l would like to
nave the question passed upon by the
supreme court, after argument. Or I
VIII challenge Justice Montgomery to
uebate the question in public in De-
troit, Saginaw, Lansing or Grand
Rapids.
The question of preserving inviolate
the highest court in Michigan is far
more important than that any one
man should be chosen governor.
In this connection, l append a copy
ol letter from a prominent citizen
OF Michigan. many similar to which
nave received:
January TO- 1910.
MY Dear Mr. Osborn:
/ extend my congratulations upon
your just criticism of Judge Mont
somery, and in view of the probability |
'nat because OF your own candidacy
many people will msconstrue your
motive. | wish to compliment you up-
on your courage i'm voicing the criti- |
V'S'n yourself. / would go further than |
you did and say that when a Judge
lees himself infected with the lust
~ pohtical office he should separate
"''nset from judicial functions. The
0ourt OF Justice is the real bulwark of |
au our liberties and there is too much
,V"ueney ,' which is growing in the pub
~ 'nind to hold the Judgment of the
'' ~ light regard. This is a mea-
gSe ,,, ana anything tending to increase
tho iee'ihs Is an injury. In my view
a.. e court and the Judge should keep
sssl, n,o, as Caesars wife, "above sus- |