The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-04-28


other members declined 60 make
any statement. a majority OF them
appearing TO regard the matter as
a closed incident.
LANSING, Mich, April 2S.-Veto-
ing the bill giving Justices OF the SUI
preme court permission to live else
where than in Lansing, Gov. Osborn
yesterday directed severe criticism 10
Justice John K. Bird. declaring thal
he had so fagrantly violated the Jaw
that II would be good taste Tor hiln 70
resign. Justice Bird has continued 10
live In Adrian, though he has oeen a
Justice for more than year. oeinS
fret appointed by Gov. warner 10 M
a vacancy and then elected last lah
for the short term and this spring ior
the full term.
Gov. Osborn in his veto message
charges justices Of the supreme court
with having lobbied for the DILL put
his censure OF Justice Bird Is espe-
cially severe.
In his veto message. Gov. Osborn
SAYS that the bill abrogates con
! tract entered into by the supreme
court justices in 1898, when they
were given an increase or salary, lrolh
g.. 900 TO $1,000 year. by the leglsla-
| ture with the provision that tney
should all live In Lansing 10 De near
their work.
The governor tells OF an interview
with Justice Flavius Il BROOKE TOT
merly OF Detroit. in the course Vi
which Justice Brooke said that IL was
an impertinence for the legislature 10
assume to dictate TO the JUSTICES
where they should live. The governor
| told Justice Brooke that ne was OPP
posed 10 the bill because OF the con
! .itions under which the Justices resi-
dence law had been passed, and pc
cause he thought that all the omcers
OF the state government ought 10 Ase
! az the capital. The governor sara
that he would not oppose the passage
of the bill, as he did not care 10 ioo-
by, and that II the legislature chose
10 pass IL, he did not think ne wouio
refuse to sign II.
Soon after this, the governor says,
he learned from Justice stone ana
| Justice Blair that the supreme court
was not a unit for the passage OF the
bill. the justices whose homes actual
| ly were In Lansing, feeling tnat IL
would impose an additional burden
on them to have part OF the court az
sent.
The same day the governor learned
that Justice Bird had never pecoine
resident OF Lansing, and mat the
auditor-gene had refused at nrst 10
pay the salary OF Justice Brooke, De,
| fore he moved 10 the capital, and nau
eha
Bird, then Encouragement. he also
learned that Justice Montgomery hau
onnosed a similar bill two years ago,
| and that an effort TO favor II IN the
last Republican platform mad Iailea;
"All OF this convinces me that the
hin should not become law, says
Gov. Osborn. IF II should become
a law, II would condone in some meas
ure the fragrant violation OF the Ia"
by Justice Bird, who has not yet taken
up his residence In Lansing. IL Is
argued In behalf OF Justice Bird that
| he was appointed in June. 1910, 10
All a short unexpired term, and that
in November. 1910, he was elected TOT
only a short term At the election
this spring Justice Bird was chosen
for a regular term OF eight years.
He has not seen AT TO obey the law
vet. II is my opinion that a person
fitted for membership OF the great
est court in our state should obey the
Law 10 the letter. and that Justice Birc
should have removed to Lansing I'M
mediateTy upon his acceptance OF
| justiceship.
THE force of example OF men In
high places. and in the supreme court
OF ALI places, cannot be underestimate
ed N such men carelessly, design
edly and fagrantly violate the law.
what can be expected OF the average
cftizen? II Is because OF this that |
consider the mere question as 10
\ where the justices shall live TO be OF
equal consequence In comparison.
| This bill has been lobbied for
actively by members OF the supreme
court. actuated by selfish purposes.
While this may be their privilege,
II indicates the finite character OF our
courts and proves 10 my mind that
any recall law that might be enact
| ed should apply 70 the judiciary with
equal force as TO the other officers
OF government.
4 II concede the value, dignity and
! nlRn character Oh our COui's III bSH
eral but / contend that the measure
OF these attributes is within the
courts themselves.
I'm conclusion, desire to express
the opinion, with kindness, but with
] frmness. that Justice Bird should
either take up his residence at Ian
4 sing at once or resign, and am net
sure but that II would be In good
taste, in the interest of the great
/ court and thebest public service. for