The chronicle=news., 1914-09-04

ing OF Organizer Llpplatt. lie, LIP
piatt. was an acquaintance and
friend of mine; also in contrast to
the statement that the people of
Trinidad generally. believed uhlinh
to be innocent as comprising as
dangerous elements of that particu-
lar publication as anything that
therein came to my mind -
Ia, ! was little. bit impressed that
the counsel for the relators in view
OF. their personal acquaintance with,
the presiding Judge of this district
dwelt rather more upon his being the
subject OF the attack and in, the
need of constitutional and proper
protection than upon the institution
or court itself.
1t is hard in so impromDt a man
ner, and upon such short hearing
and immediate consideration, to
frame ones reasoning in good Ian
guage and orderly way, and may be
pardoned if j repeat or trespass on
the rules of grammar or rhetoric.
II seems to me the greatest object
of the branch of the law known as
contempt. as applied to courts. is the
protection of the private citizen:
that in the scheme of this govern
ment comprising the legislative, eX-
ecutive and Judicial departments. the
judicial has always u balance, wheel!
In the departments and for the adju-
dication of private rights. and that
government which loses sight of the
dividual will soon depart from it's
Safeguards and protection of the in
dividual will soon depart from its
function and destroy the liberties
and safeguards of the land and
while the evils that come into the
body polite may inhcre in even such
large organizations of power on the
one hand and of the individuals in
mass upon the other hand so that IL
seems to blind those whose sympa-
thies and convictions may be upon
the one side or the other to the dis
passionate view of the rights OF all OF
whatever class. and ii Is to be noted
in passing, that those who stand
most strenuously for the things o;
the past are as likely to commit an
excess as those who see solely their
Hives and the welfare of themselves
and families. prejudicial, uninten-
tionally are led to the violation OF
the true principles of the constitu-
tion and to commit cxcesses against
government and liberty.
| | desire not to cite names, but in
the northern part of the state. upon
the part of some Of those who are
i mi q N OF hi frr
some publications not controlled by
the orgapizatiOn, but voluntarily,
have doubtless assumed to criticise
the work OF one OF the judges during
the pcndency of cause. Unconscious
ly. perhaps. but fully giving the
converse or lie to their protested pro.
fessions. Whether the inciden!
amounted to Il contempt OF court |
have not yet made up my mind. be-
cause of the very delicate way in
which the matter was stated in the
paper: 1t was criticism, and its ten
dcncy would be toward promoting
disres2ect not of the judge presiding
as to his ability or intellect, but
towards the institution generally.
Since the conclusion of one of
those causes which was supposed to
involve this gigantic struggle of
class. ono of the other papers also ad-
vocating the same cause, seriously
criticized a Judge for his rulings in
that case. The case, however, was
C. cluded. 1t would make an ideal
case to test the matters at issue here,
such as the. defendant in this case
has stated be would like to sec made
n test case.
| Whether. when the case is con-
cluded. u petition for recall ~ It did
embody the alleged errors and preju-
dice or bias alleged against Judge
as the basis OF the reasons for recall
could be the subject OF contempt. |
am not called upon to and do not de-
eide. These excesscs are liable TO
happen to US all. and there Is u large
element OF the common humanity In
every man. -
| In these stirring times of reforr,
profess to being moderate re-
former myself. voted for the recall
OF judges. hoping that certain re-
striction5 would he placed upon the
| method and manner that would make
II more deliberate and free from pas
sion. prejudice and hatred. Sudden
recall under passion and prejudice
might occur but there are remedies
or amendments which could and
ought to be made. especially, as an
l,iied to the bench. The law should
be SO changed as to restrict the peti-
tion to make'it widespread through
out each portion of the district up to
certain percentages of the vote in
eaeh with delay of the election so
as to avoid the immediate removal.
from passion. and prejudice. and to
get an honest and impassionate view
ana verdict of the people.
\ did not vote for the recall OF ju.
dicial decisions, and my opinion, not
l NIL b1iclv eSurns4ab wuc thot \ ~,