The Detroit times., 1910-01-07
5UREMONTGOMERY
HAS MADE MISTAKE
Ethically and Constitutionally
Wrong in Seeking Governorship
While on Bench, Says Osborn.

IL don't believe in waiting until |
am governor 10 do my duty" said
Chase 8. Osborn. candidate for the Re.
publican nomination for governor, to
The Times, Thursday. in explaining
his position in the controversy that
has sprung up between him and JUS
tice X. NJ Montgomery, one OF his
rivals for guDernatorial honors. Mr..
Osborn arrived In the city Thursday
morning On his way to attend a re-
gents meeting In Ann Arbor, Friday.
Il believe In every citizen doing his
duty as he see IL, day I'm and day out.
under any and all conditions con.
tinued Mr.. Osborn That is why I
have called attention to the fact. as
construe 1t. that by becoming a can.
didate for governor Justice Montgom.
cry has violated the state constitution.
There is no personal feeling on my
part whatever. ! know Justice Mont.
gomery to be an honorable man and
hold him In great respect. He has
simply made mistake. that Is all,
and | have called attention to It, as |
believe it was my duty to do
Justice Montgomery talks about
precedents; he has none. He men
tions the cases of Cows. Felch and
preme bench to become governor. Bht
their terms occurred beforeSthe fran.
ing OF the constitution I'm 1880, and 1t
Is not unlikely that the trainers had
In mind those very instances when
they drew up section nine OF article
seven, which provides that circuit
judges cannot become candidates for
any Office except judicial position
during their incumbency on the bench.
OF for one year thereafter. In putting
such a clause into the constitution I
believe the trainers OF that great docu.
ment took cognizance of the danger
that might come from such a practice
and took this me ans OF guarding
against the actions of Cows. Felch and
Ransom being considered as a prece-
dent.
Justice Montgomery says that the
law does not specifically exclude JUS
tices OF the supreme court. I contend
that there cannot be one code OF
morals for circuit court judges and
another for supreme court judges, up.
less the lutter's are higher. contend
that Justice Monteomery's position,
10th constitutionally and ethically, is
wrong. He has taken the high ground
for his candidacy that the people want
a big, strong clean man as their gov
crnor, and then violates the constitu-
ton in order to assume to be that
man. IL u man stands on a pedestal
with a halo around his head and acts
o mart. the effect OF his solicitation OF
the support of lawyers and judges Is
so seductive as not to be easily defin-
able. and even II IL does not affect his
Judgment, his probity or his honor, IL
forms precedent through which \
Justice less clean and strong aud up
right may debaush the highest court
in the state.
Possibly that state may be able 70
AFFORD to have men OF varying charac.
ter and capacity aS governors and
le gislators, but il cannot AFFORD TO
have on the supreme bench any fIt
men OF the most ifIeproachable char
acter In every way. And so it comes
that the preservation of legislative and
executive integrity OF state is really
in the hands OF the judicial depart
p,ent. II the judicial arm. the trail
maker and pilot for all the people
fails in its sacred potency, then the
entire fabric OF popular government
falls. .
\ mo one can doubt that Justice
Montgomery in becoming a candidate
in the face of the constitutional inhi-
bition has placed himself In defen-
sive position He must distinguish be-
tween my position as private citizen