The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1910-01-22
Osborn Challenges
Judge Montgomery.
sooite Wants onestion Of Position Set
tied BY Debatins or the supreme Court.

ueo oy Oepdun8 OF tne supreme Court.
Chief Justice Montgomery gave out 9
statement January 10, from Lansing,
concerning protest Chase s. Osborn
has made against his being candidate
for governor, declaring Justice Mont
gomery's position to be both unethical
and:unconstitutional. In reply Mr.. Osborn
gives out the following.
''The extracts from my letter to JUS
ice Montgomery are correct. In all my
correspondence with him have tried to
be kind and respectful. but direct. In
relation to my favorable regard for JUS
tice Montgomery's candidacy up to Q
certain time all have to say is that up
to that time did not know of the seri-
GUS constitutional inhibition that should
deter him. And am sure that most of
those who wrote encouragingly to him
did not know of it. Mr.. Lew Rowley,
onesof the best informed men in the
state, told me that he did not know of
the provision in the constitution involved
in this discussion, at the time he wrote
the splendid tribute to Justice Mont
gomery publicly supporting his candid
acy. am of the opinion that Justice
Montgomery should have informed his
friends of the exact legal and ethical
embarrassment in the way of his can
didacy. The constitution of 1850 gave
to the eight circuit judges of that time
supreme court powers and then pre-
scribed that they should not be eligible
for other than judicial Office while on
the bench and for one year thereafter.
l am not a lawyer as Justice Montgom-
cry correctly stated, but can read a
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, l obtained advice
supporting my views from some of the
best lawyers and most respected judges
both in Michigan and outside the state.
Justice Montgomery's candidacy
was inspired by lawyers who should
have known better, it has been fostered
by and among lawyers, and therein lies
the great harm of it. A prominent
lawyer said to me regarding Justice
Montgomery's candidacy, 1T placed
any lawyer who did not sign his petit
ton or support him after having writ
ten to him or his manager in an unfair
position. No client would retain a law
yer who was persona non grata to the
chief justice etc., etc."
"It would seem most apparent that
Justice Montgomery cannot avoid tread.
ing upon his high position if he persists
in being candidate. There cannot be
two codes OF morals, one for supreme
justices and one for circuit judges. The
supreme courts constantly review the
acts Of the circuit courts.
my protest against the candidacy Of
Justice Montgomery must not be regard
ed a. personal attack. Our contro.
versy shall proceed upon its merits se
far as am concerned and ] consider il
too serious . matter to be confused BY
alleged funny stories, or satire. Justice
Montgomery is either very wrong. OF
he isn't. If such thing were possible
I would like to have the question passed
upon by the supreme court, after m
gument- Or l will challenge Justice
Montgomery to debate the question in
public in Detroit, Saginaw, Lansing oI
Grand Rapids.
The question Of preserving inviloat<
the highest Court in Michigan Is fal
more important than that one mar
should be chosen governor.
In this connection / append copy
Of letter Of prominent citizen o.
Michigan, many similar to which Ihavs
received.
January 10, 1911
my Dear Mr.. Osborn
II extend my congratulations upor
your Just criticism Of Judge Montgomer,
and in view of the probability that be
cause Of your own candidacy many people
will misconstrue your motive, wish te
compliment you upon your courage ir
voicing the criticism yourself. l woult
20 further than you did and say that
when a Judge feels himself infected with
q lust for political Office he should sep
arate himself from Judicial functions.
l Ir<s -. I..