The Detroit times., 1910-01-17
OSBORN ISSUES,
Def FOR DEBATE
Maintains His Attack on Judge
Montgomery Is Justifed-lnvites
yurist To Discuss Matter.

SAULT STE. MAIZE, jan. ~
Chief Justice Montgomery gave out u
statement Jan. 10. from Lansing con'
corning the protest Chase 5. osoofi'
has made against his being cand'
date for governor. declaring Justice
Montgomery's position TO be both un'
ethical and unconstitutional. In reply
Mr.. Osborn gives out the following:
THE extracts from my letters I"
Justice Montgomery are correct. IN
all my correspondence with nm
have tried to be kind and respectful
but direct In relation 10 my ia'oi-
able regard for Justice Montgomery
candidacy up 10 certain time all
have 10 say Is that up To that ume
did not know OF the serious constltu-
tional inhibition that should deter him
And | am sure that most or those
" no wrote encouragingly TO him d'd
not know OF IT, Mr.. Lew Rowley, one
OF the best informed men In the state
told NE that he did not know or the
provision in the constitution involved
in this discussion, at the time ne
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
end then prescribed that they should
not be eligible for other than judicial
at ha hanoh and for one
year thereafter. | am not lawyer.
us Justice Montgomery correctly
states, but | can read sign board on
the public highway. which Is equip
ment enough 10 satisfy me that his
position is wrong. But for fear that
might be in error, | obtained advice
supporting my views from some or
tie 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. IL has been FOSTER
er by and among lawyers and therein
lies the great harm OF it. A prominent
lawyer said to me referring TO Justice
Montgomery's candidacy: 1t placed
any lawyer who did not sign his petit
ton or support him after having been
written 10 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 n candidate. There can
fxpA nndna IF morals 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 personal attack. Our con-
troversy shall proceed upon It's merits
so far as am concerned and l con-
s.der II too serious matter to be con-
fused by alleged funny stories. or sa-
tire. Justice Montgomery is eiths.
very wrong. or he isn't. II such a
thing were possible | would like 70
have the question passed upon by the
supreme court, after argument. Or
will challenge Justice Montgomery
TO 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 copy
of letter from prominent citizen
OF Michigan. many similar to which
have received:
/ January, 10, 1910.
my Dear Mr.. Osborn
81 extend my congratulations upon
your just criticism OF Judge Montgom.
! cry and In view Of the probability that
| because OF your own candidacy many
people will misconstrue your motive,
! I wish to compliment you upon your
courage In voicing the criticism your.
self. would go further than you did
and say that when a 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 a men.
ace and anything tending to increase
this feeling Is an injury. In my view
the court and the Judge should keep
itself and himself, as Caesars wife,
I II