Bisbee daily review., 1912-07-19

and caboose and hurried out of lhe state His whereabouts has not been known since.
 On the face of this record. the
 woman's case against the Pullman company was wrecked The penalty for his fearful crime is. by implica- ton, fixed at years imprisonment
 The outrage was plainly com mitted in the interest Of the Pullman company and the railroad Indigna- tion has been unbounded throughout Arizona.
 =SJ rresident Taft can punish Arizona for adopting the recall of STATE JUDGES. by appointing this
 man to a FEDERAL JUDGESHIP whence they cannot recall him.
 That is the sort of vindictive ad- ministration we live under in these days of Taft
 Win the senate confirm Sloans ap- pointment2 It has need to bear in mind one recent mistake Of tou lc- quiescent confirmation in the case of Archibald. He was held up for a time; his unfitness was known: the senate didn't like to confirm But it weakly yielded and now an impeach- ment proceeding impends.
 Tt is safe, and it is right to take no chances in such matters Arch bald ought not to have been con firmed. Sloan by all means should not be. Washington (D. co Times.
 The Gazette must have known that the Washington Times made public apology for the above editorial and in refusing to print the apology has shown that it is yenial, unfair and vi. | cious in it's opposition to Judge Sloan |
 The editorial of apology appeared 1 in the Times Of May Sth.. is self ex. planatory and is as follows:
 In Fairness to Judge Sloan.
 In the bitterness of partisan cen troversy, very grave charges have | been made against Judge Richard k |. Sloan, nominated for the federal | bench in Arizona. There is reason l to believe that in some Of these ! charges, at least. Judge SlCan has | been done injustice, and the Times, | having heretofore given credence to | them, feels under obligations Of fair | ness to present the other side of the | case.
 Before printing it's recent comments i on the case the Times submitted a I statement of the alleged facts. which | has been extensively printed to | Senator Ashurst of Arizona. who ap- proved. it as an accurate summary of | the record in the case. On behalf Of l Judge Sloan it is stated that this was in truth an unfair and exaggerated | misstatement It dealt with the trial | before Judge Sloan of one Thomas, a Pullman porter charged with at- tempted assault on a woman passen- ger. Judge Sloan sentenced Thomas to ten years in prison and denied new trial, which later the territorial | supreme court ordered. The case was called in open court before Judge ! Sloan, Thomas being ready for trial, ! while the prosecution was unable to secure it's witnesses. After effort to get them and toward the end of the term the prosecutor moved to dis miss. He pointed out that on the first trial. with all witnesses present. the case had not been made suffi- cient to convince the supreme court; therefore, if would be useless to ex- pect a conviction that would be sus- tained with much of the evidence dropped out In these circumstances the court granted the motion to dis miss It is declared on the best au- thority that there was no activity on the part of the railroad or Pullman 1 company to secure this determina- tiOn. that no undue haste marked the removal of the discharged negro from the state. and that the lawyers on both sides have so certified.
 A member of the senate judiciary | committee, after examination of the record of decision in Southern Pa Cific railroad cases before Judge Sloan states that they demonstrate that. far from being a railroad judge" they present Judge sloan as a very indc. pendent and fair juTist, who in vari- ous cases decided against the com pany under circumstances in which !. a railroad judge" could very easily have justified himself in giving the corporation the decision.
 Senator AshUTst, it may be added, { though he is now bitterly opposing . Sloans confirmation. was a member Of the Northern Arizona Bar associa- ton committee that in 1909 signed !. resolutions strongly commenting Judge SIcan's judicial service at the time when he was leaving the bench | to become governor of the territory. |