Denver labor bulletin., 1915-08-28
Scofeld Declares the Ousting Of
Judge Hillyer Is Legally Sound
Writes Open Letter Speaker SsDar tn Which Attempt Of
Latter and Copernor Carlson to BeliHle Supreme Cout
Decision Is Placed Fairly Before the People

Puunheu, lor We nave upon our DOCKS
the most stringent enactment concern
ing perjury that exists in any of the
states Furthermore, because of the fact
that man or judge, by reason of en-
vironment or other reasons, is prejudiced
upon subject, one way or the other,
does not Indicate that he is dishonest.
"But granting that an affidavit for a
chang of Judge containing facts imput-
ing prejudice, does cast an aspersion
upon the character of the judge against
whom it is made, is it not better 50
than that litigants be deprived of an
evenhanded justice thru his prejudice
In the one case, if as a matter of fact
the judge is not prejudiced and asper-
sions are cast upon his fair name, it is
the Individual who suffers.
On the other hand, If he is -prejudiced
and the rule was in effect which is so
subtly eontended for by you, that he
should have the right to pass upon his
own state of mind from what he knows
about it as distinguished. from what the
affidavits charge-if such a rule were
in effect and he denied the change and
an injustice results, it is the state that
suffer. II strikes at the very base of
our liberties by casting suspicion upon
the fountain heads of justice.
As for your suggestion that another
judge be called in to try the issue of
the prejudice of the trial judge, that
puts the person filing the affidavits in
the position of litigant with the trial
| judge before he tries the issue with his
| adversary
The layman cannot understand the
many occasions that occur in the trial
Of an ordinary cause, where the ruling
fmany times of great Importance lies in
the sound discretion of the trial Judge,
/ the exercise of this discretion being in
most cases not subject to review by the
appellate courts. Every litigant is en-
titled To 20 before the trial Judge with
feeling that this discretion will be ex-
ercised fairly between him and his ad
versary To say that this would be the
case after he had tried the prejudice of
the trial Judge. Is beyond probability.
~The fact that the prejudice exists
against a class, a. distinguished from
the Individual. can not make a differ
ence, the result in each case being the
same tendency toward the perversion
of justice.
SAYS Venue Change Works Well
Sine the memory of man runneth
not to the contrary, men have had strong
feeling on momentous questions, such
as religion, slavery, prohibition. strikes
and loc1Souts and the like. Perhaps the
Rev. Billy Sunday and Julius Eppstein,
head OF the liquor interests in Denver,
are not personally acquainted, but
imagine that Mr. Sunday would be loath
~ ~ q. case involving the sale of in.
toxitsnts before Mr.. Eppstein as Judge
Likewise, I imagine that Mr.. Eppstein
W. rrrh sx~l uoutoura
from Mr.. Sunday on the bench on con-
viction before him for an infraction OF
the prohibition law. In either case the
men would be honest in their convie-
tons. but who would say that they
4 could sit in such a case in an open and
free state OF mind and be free from pre-
| judice.
You suggestion that the rule might
be- changed 50 as to make the change OF
/ judges mandatory upon the mere filing
OF the motion for change, is not SO
far from n true solution as you would
/ imply. We have had such a rule in force
| in the justice courts of this state for
years, and il has worked hardship on nu
one. Or the contrary. its application
has tended to the promotion of the ends
of Justice.
We give to litigants the right to re-
move jurors from the box for not only
bias or prejudice, but also give them a
limited right to remove jurors perempt'
orily, without making known their rea-
sons fair judge is even more import
an, TO a fair trial than is a fair jury
and rule conducting to securing one is
far preferable to throwing legal obstacles
in the way of securing one.
In closing. let me say that the aim
OF very citizen of this state should be
TO secure rules which avoid the very ap-
pearance of evil in our judiciary our
courts have been criticised. justly or un.
justly. by some of the leading law writ
er> * the country. Let us have a new
era where their motives and honesty can
not wen be questioned All fairness de
mands that justice he meted out without
fear or favor.
"Finally, let me say that believe you
are honest in your conviction, but might
it not be probable that your fears of the
results of the rules laid down in the
opinion of the. court in question arr
without reasonable causef
| Yours very truly.
| ssVv-yv II SCnEJEV n-