The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1912-09-05

Judge Kellogg's reply to the pub
lished decisions of the Supreme Cour.
on the Local Option law adds moth
ing to the information You had al
ready received on that subject. He
claims. however, that the one law OF
1903, on Search and Seizure, he per.
mitted to remain in force and effect
and he therefore thinks that he should
receive great credit for not having
annuled that act although he did at.
tempt to annul the Local Option law
| This law of 1903 had been before the
Supreme Court on a number of oecas.
ions prior to the time when Judge
Kellogg concluded to permit the law
to remain upon our statute books
The Fish Trap Case
He even springs his fish trap record
in his reply although this had never
been mentioned as part of the record
/ in which the citizens of Whatcom
County would be interested Since.
however, he is kind enough 10 call
this to the attention of the people.
we will endeavor to turn on a little
| light.
| Kellogg was the judge that presid-
| ed when the jury found the fish trap
company guilty. Frank Bixby prose
cuted the case, kellogg permitted the
verdict that was rendered by the jury
to stand He thinks that he should
be given great credit for not having
annuled the verdict after il was rem
dered. 1t took nine days to try this
case: the law provides a fine of from
$3.50 to $1,000 and a county Jail term
not over one year. Kellogg gave the
Fish Trap Company fine of $3.50,
the minimum. The taxable costs that
the defendant had to pay were a jury
fee of S12, judgment fee of Sc and the
witness fees. The cost to the county
for the jury that tried the case was
1924, not counting their meals. The
judge was receiving s12 a day, the
clerk was receiving about S. a day
and his deputies were receiving their
compensation; the bailiff was draw.
ing pay of So per day. A number of
jurors We're called and paid but did
not serve. All this was paid by the
taxpayers. The fine was so small that
the county lost money in the trial, al
though the fish traps lost the case
The testimony showed that the Fish
Trap Company made over $4,000 by
season, yet the fine was $3.50.
If the fish trap concern should have
been fined at all, the fine should have
been heavier.
Bigger Fine Without
Trial
Judge Hardin just recently fined a
Fish Trap Company $500 for violating
of the law upon their pleading guilty,
and this was without accent of cost
for a trial. Please note that this is
matter of news which Judge KEEL
logg's corporation dailies failed to tell
You much about.
1t is usual where there is trial
and contest that the fine should be
sufficient to make the county and
state whole at least when the defen-
dant is guilty. We are of the opin-
ion that the judge upon the investi-
cation of the fish trap record will
conclude that it would have been bet
ter for him to have omitted that from
his reply. They probably cleared by
that transaction after paying their
fine and costs over $1,000.
You will all remember that the Fish
Trust owns stock in the daily news
papers and that they are trying very
hard to keep Judge Kellogg upon the
Bench.
Kellogg Not an Average
Judge
Judge Kellogg endeavors TO show
that during his two terms he is above
the average in the state. He does
not deny, however. that his record
the last four years shows that he is
rx-h;l 10
above the average, Hardin having 4th
place and Kellogg tying for 21st place
in the state. AS stated before the
longer he remains upon the Bench,
If We can judge the future by the
past, the poorer judge he will make
keiloss's Injured Dignity
When Mr.. Pemberton found out
that Judge Kellogg had accepted the
proposition of Mr. Altman, published
OF the Nooksack Reporter, that there
be joint debate between kellogg and
Pemberton, Kellogg Immediately mott
| fled Mr.. Altman that he would debate
on Labor Day and accepted the prop.
osition. Thinking that Judge kellogg
desired to have these matters discuss
ed before the people of Whatcom
County. who are the real parties in
interest, and will choose the judges.
| II the corporations fail to win the
tight there was a proposition made
over the phone to Judge kellogg tina.
he debate at Bellingham. Blaine, Lyn.
den, Ferndale, Sumas and Everson.
Judge Kellogg said he was afraid he
would not have the time, but sugges.
ted that the proposition be made in
writing. 1t was made in writing.
IN MS answer of August 81, he said
No agreement has been entered in.
to between Mr.. W. H. Pemberton and
myself for a joint debate on Labor
Day ar Nooksack."
These are direct quotations from the
two letters written by Judge kellogg
In one he calls it a debate. In the
other he says it was not to be a de
bate. What do the voters of What
com County think of this kind of a
man for judge? He had undoubtedly
seen his sponsor and hacker and had
changed his opinion giving TO the PEG
pie the excuse of his dignity, as fol
lows, quoting from his letter:
furthermore, / feel that the dig
nifty of the position now held by me
and to which | am asking for re-elec
ton should prevent an incumbent. as
NJ