The Paducah evening sun., 1910-09-22
FUSION CANDIDATE FOR COURT
OF APPEALS SPEAKS.
Specifies Gayety Theater Case As
Evidence Of Miller's
Leanings.
POLITICS ON SUPREME BENCH


been represented in the court of APP
peals by Judge Henry s. Barker. His
career upon the bench has won for
him the confidence and respect of all
good citizens, regardless of party
aniliation. In his capacity as a
judge he has risen above partisan
ship, and his course upon that great
tribunal, the court of appeals. the
court of last resort Of this state, has
been marked by honesty, by ability,
by loyalty to the best traditions OF
that bench. As in Tennessee. he has
been denied denomination by the
boss of this district.
AS in Tennessee, a substitute has
been chosen by the boss and placed
under the emblem OF the Democratic
party, and. as in Tennessee. the Re
publlcans and Independent Demo-
Gratis of this district have united to
prevent the elevation 10 the court Of
appeals bench Of this appointee of
Whallen's political machine. AZ in
Tennessee. party feeling and party
loyalty OF Democrats is being APP
pealed to. and will be appealed to. In
support of this so-called Democratic
nominee.
But. while he has the party en-
hlem, but, while he will come before
the people in the gu!se OF a Demo
cratic nominee. l deny his claim to a
Democratic nomination. / ask you
what party action has been taken In
connection with his nomination. I
ask you what Democratic voters
we're given an opportunity to express
their wishes or choice and say TO
you. and to all the people of this
district. that my opponent for the
court of appeals bears no commits
SION from the Democratic party Of
this district nor from any political
party.
He has nothing except an order
emanating from the Buckingham
theater and signed by John H..
Whallen. BY what right and on what
theory. then, can a candidate so Sc
lected. a mere appointee of a politi-
cal boss. lay Just claim 20 the
loyalty, to the allegiance OF any
citizen. Democrat or Republican.
who believes in the Independence Of
the bench, who believes In freeing
all judges. and above all. the judges
OF our supreme court. from partisan
political influence. on what possible
ground can any such citizen. Demo-
orat or Republican, cast his vote for
the great Office OF judge of the court
of appeals for a man who owes his
nomination TO that Office, not to the
people, not to the party. but solely
and only to the buckingham boss?
Unheard-of Precedent.
DO not forget that my opponent
was elected circuit Judge last No
vember for a term OF six years. He
has more than five years Of that
term to serve. He draws the same
salary here he would receive II
elected judge OF the court Of appeals.
Who ever heard of a political party.
whether I'm a primary or convention.
nominating man for another Office
when he had Just been elected 10
one office for term of six years?
Let me remind you. too. that he Is
holding on to the judgeship here
while running for the court OF gp-
peals, 50 that II defeated for the
eourt OF appeals he will still have
his office here. Why. then. did
Whallen select him as his candidate
for the court OF appeals? There
must be a reason behind this ap-
pointment Do not imagine for one
moment that partisan control OF the
bench will stop at merely political
matters. II always and inevitably
passes beyond these and invades the
iomain of property rights. One
'ase, and one alone, I will cite you
It this time, to show You how prop
'rty rights may be affected by parti-
AN judges.
The Gayety Case.
I'm the Gayety theater litigation.
provoked by Whallen for the pur-
'ose of Furnishing his enemies and
competition in his vaude-
lille business, Judge Miller granted
restraining order against the board |
II aldermen TO prevent them from
ons!dering an ordinance pending |
'efore them. This was In violation |
II the fundamental principle OF our
aw, which makes the three branches
Il the government-judicial. execu-
i've and legislative, each independ-
mt of the other, within the legal |
limits described. The court had no
more right to prevent the board OF
ldermen from considering an ordl-
ance than the board Of aldermen
Tould have had to adopt an ordi-
ance to prevent the court from act
ng as a Judge
In the ten days in which the re-
training order was in force, an Inn
lense amount OF testimony was
AIKEN, attacking Whallen's enemies
nd opponents, business and polti-
al, every single syllable OF which
'as incompetent. under the rules OF
vidence, and finally. TO cap the
limax of the whole proceedings,
udge Miller, sitting as chancellor
led in the record in that case, with
is own hand, and made ii part OF