The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-08-17
Supreme Court of Colorado Is
sues Restraining Order
Against Judge In Strike
Region.
LAWSON CONFIDENT HE
WILL BE INDICATED
Samuel Gompers, President of
American Federation Of
Labor Enthusss Over Result
of Fight for Justice.
Id EyenIne ntta.d Les.tA wItel

Denver Aug. ~. The supreme
court Of Colorado today issued a witt
of prohibition. barring judge Granby
llillycf from presiding at future trials
resulting fom disodcrs in the cccnt
strike oi coal miners The writ was
granted on application of Horace
Hawkins and associate counsel fu the
United Mine Workers of America,
who alleged that Hillycr was "A for
mcr attorney for coal mining COM
panlCs and therefore prciud'ced
against former strikers.
chief Justice ". n. Gabbert and
Justice james r. Garrlgucs dlssented
from the opinion. which was deliver
ed hy Justice White. judge Hiilycr
was represented in the action by At-
torney General Fred Farrar and Nor
ton Montgomery ana Frank G.. west
/ mis- assistants.
Ia It's opinion the cout explained
the change of the judge is condition
/ ed. not upon the actual fact of Ms
prejudice. but upon the imputatiOn ot
, IT, The facts set forth Ia the accusa-
/ ton must Tor the purpose of the
motion. bc accepted az true, not
wlthstanding they may bee known to
the judge and all mankind to he nn-
true. The whole nattcr rs ictt win
the conscience of the petitioner ana
afiiunts. and when afndaNits fdliih-
ing the requirements of tho statute
are presented. the change must pe
made and the truth 90 the matter j
not open To question.
After rcciting the allegations of pro-
judice pcscntcd hy counsel for the
United Mine Workers the court con-
tinued
we deem Il unnecessary To Z. ter
mine whether from the facts alleged
a reasonable person would reach th'
conclusion that Judge Hlllycr hh'
been of counsel in the case formInl
the basis of this suit. or iu any ulhel
cause between the same parties h'
vniving substantially the Same i'c''
land circumstance. Without rcsar'
thereto We are certain. from the facts
alleged that reasonable pers"i
might very properly conclude That De-
cause of Judge unlycrs interest an'
activity In cause ut his character
against active associates OF relator
p for similar offcnscs growing out 90
3 the same alleged controversies and n
| which causes certain issues were de
. termined. that arc involved and mus
, be determined Ia the case against re
b lators, and the determination oI whicl
r. issues. IN part az least VIII depeh'
s iupon the Identical evidence which b.
ATTEMPTED To overthrow ana discrcdl
r In those cases, coupled With ms al
b legged remarks and attitude agains
/. the class To which rcl1tora belong an
e his relation to the active agencies az
Il legged To be prompting the prosecu
70 uons in all the sD-aallcd strike cat'
p were such that he has WITHIN lh
mcaning at the law, a bias or prciu
A dice that would In all probability pre-
, vent him from dealing fairly with th
r. REALTORS. as defendants, iu dcterln.i
< me the questions of fact when tn
court must determine in the ease Us
- the prejudice of the inhabitants
D., Uucrfanu county and of the cnun'
tn which the cause may ne IRAN
,, fcrrcd lf the inhabitants ut the To-
= mor county are found To hc pr'i'
!. ldiced within the meaning ol the sta
a ute.
Governor Carlson who appoint
~ ullycr district Judge, stated that
" would not comment ON the dcriain
=. az least until ne had time tp read u
COURTS uululon.