Cañon City record., 1911-04-06

and that he was the sole arbiter o
such matters as the one set forth il
the suit instituted by Mr.. Barnett.
Mr.. McLain spoke at considerable
length in support of the contentious
of his colleague and quoted from the
reports of various states to show that
the attorney generals powers did no,
extend to courts of original jurisdic-
ton. That Mr.. McL-ain had given a
great deal of investigation and
thought to the matter before the court
was evident. but that conclusion was
applicable to all of the counsel en-
ployed in the case. Attorney General
Griffith followed Mr.. McLain and in a
somewhat brief, but very concise
statement of the case, made a gem
eral denial of the argument of coun-
the statutes of Colorado made 1t
mandatory on the attorney general of
the state to prosecute cases in the
lower courts when demand was made
on him by the governor and the legis-
lature to do SO. Mr.. Griffith made ar
excellent impression on all VINO
heard him and showed familiarity
with the law that well become sthe
highest legal authority in the state
Assistant Attorney General A. A.
Lee addressed the court for an hour
and a half in defense of the position
taken by his chief and presented for
its consideration a logical and we'll
collated argument shortly after six
O'Clock court took a two hours recess
for dinner. and, on its being recon
vened, Judge Augustus Pease spoHe
at length in rebuttal OF the argument
of the attorney general and his assist
ant. At the conclusion of his address
Judge Wilkin reviewed the argument
presented to him and made some very
pertinent and philosophic deductions
in relation thereto Referring to the
finding OF indictments by the grand
jury in contradistinction to the filing
of informations as a preliminary TO
the beginning of suit at law lie
said:
THE orthodox and elementary way,
the adquate and sufficient way, the
way that was established for the peo-
pie of our bred after gneratiSns and
generations of struggle for the max
ing of accusations OF crime for trial
was the grand jury way. That is the
normal way, and that is the way that
ha sheen and is open to all the pep
pie now, as it always was. II ought
not to fail so largely into, iisuse, ]
tfink, as ii has fallen. but that was
the way for the making of aecusa-
tons before the establishment of the
state: that is the practice in the
/ United States courts yet, and that
was the way, and the only way, for
the making of accusations when the
district attorneys office. its natuI e
and its extent and its functions. were
established. There has not been any
substantial or material change, as 1t
seems ii me-"
When court convened this morning
Judge wilkin said:
I'm these two cases. No. 330s
and 1909, each entitled The Peo-
pie of the State of Colorado against
d. f. Gibson and others. one OF the
cases purporting to charge in the
name OF the People, on the authority
of the attorney general, the offense
of conspiracy to defraud, and the 9th.
er purporting to charge, In the name
of the People, on the authority
of the attorney general. at tn,
request of the governor. the ef
fense of obtaining money in excess o
the amount of twenty dollars, by fals'
pretences. II is the opinion OF thu
court that the motion to quash n
terposed by the defendants is good
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