The Detroit times., 1910-01-15
OSBORN ISSUES
OEF| FOR DEBATE
Maintains His Attack on Judge
Montgomery Is Justifed-Invites
yurist To Discuss Matter.

SAUI.T SIZE. MAKE, Jan. 10
Chief Justice Montgomery gave out
statement Jan. 10. from Lansing. con-
cerping the protest Chase ). Osborn
has made against his being candi'
date for governor. declaring Justice
Montgomery's position 10 be both un-
ethical and unconstitutional. In reply,
Mr.. Osborn gives out the following:
The extracts from my letters IL
Justice Montgomery are correct In
all my correspondence with him |
have tried 10 be kind and respectful,
out direct. In relation TO my favor
able regard for Justice Montgomery ;
candidacy up 10 q certain time all ]
have to say 10 that up to that time |
did not know OF the serious constit,i-
tional inhibition that should deter him
And | am sure that most or those
who wrote encouragingly TO him did
not know of II. Mr.. Lew Rowley. one
OF the best informed men In the state.
told me that he did not know or the
provision in the constitution involved
In this discussion. at the time he
wrote the splendid tribute TO Justice
Montgomery publicly supporting his
candidacy. | am Of the opinion that
Justice Montgomery should have in
formed his friends of the exact legal
and ethical embarrassment In the way
OF his candidacy. The constitution OF
1850 gave TO the eight circuit judges
Of that time supreme court powers
and then prescribed that they should
not be eligible for other than judicial
ONCE while on the bench and for one
year thereafter. | am not a lawyer.
as Justice Montgomery correctly
states. but | can read a sign board on
the public highway, which 10 equip
ment enough 10 satisfy me that his
position Is wrong. But for fear that I
might be in error, | obtained advice
supporting my views from some or
the best lawyers 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. II has been foster
er by and among lawyers and therein
lies the great harm OF II. A prominent
lawyer said to me referring TO Justice
Montgomery's candidacy: 1t placed
any lawyer who did not sign his petit
tion or support him after having been
written TO by him or his manager. In
an unfair position. No client would
retain q lawyer who was persona non
grata TO the chief justice. etc. etc"
1t would seem most apparent that
Justice Montgomery cannot avoid trad
ing upon his high position IL he per-
sists In being a candidate. There can
not be two codes OF morals. one for
supreme justices and one for circuit
judges. The supreme court constantly
reviews the acts Of the circuit courts.
My protest against the candidacy
of Justice Montgomery must not be re-
garded as a personal attack. Our con-
troversy shall proceed upon Its merits
SO far as | am concerned and I con-
s:der II too serious a matter to be con-
fused by alleged funny stories, or sa-
tire. Justice Montgomery Is either
very wrong. or he isn't. II such a
thing were possible would like to
have the question passed upon by the
supreme court, after argument. Or
I will challenge Justice Montgomery
10 debate the question in public in De-
troit. Saginaw. Lansing or Grand
Rapids.
The question OF preserving invio-
late the highest court in Michigan Is
far more important than that any one
man should be chosen governor.
In this connection, append a copy
Of letter from a prominent citizen
OF Michigan. many similar TO which
| have received:
January. 10. 1910.
My Dear Mr., Osborn
~ extend my congratulations upon
your just criticism OF Judge Montgom-
cry and ia view OF the probability that
because OF your own candidacy many
people will misconstrue your motive,
wish To compliment you upon your
courage in voicing the criticism your
self. | would go further than you did
and say that when q Judge feels him
self infected with the lust OF political
Office he should separate himself from
judicial functions. The court OF jus
tive is the real bulwark OF all our
liberties and there is too much tend.
ency which is growing In the public
mind TO hold the judgment OF the
court In light regard. This Is men-
ace and anything tending 10 increase
this feeling Is an injury. In my view
the court and the Judge should keep
Ia self and himself, as Caesars wife,
lsa hova euanicfon 80