Denver labor bulletin., 1915-08-28

holding the decision Of the state supreme
court ousting Judge CRANKY c. Hillyer
from further hearing of strike cases on
the well-established grounds of bias and
prejudice As readers of The Bulletin
know, Hillyer was a well-paid attorney
for the Colorado Fuel and Iron COM
pany up to the day Governor Carlson ap-
pointed him assistant judge for the
third judicial district, comprising the
counties of Las Animas and Huerfano.
Governor Carlson and Speaker Stewart
Of the House Of Representatives, who ia
thered the bill creating a new judgship,
have rushed into print protesting the
high courts ruling, and say the law must
be further amended to protect the cor
porations against fair judicial rulings.
In reply to this contention Attorney
William H. Scofield, one of the states
leading legal minds, with offices in the
Symes building, Denver. has issued the
following open letter, which ought to
convince any right minded person of the
utter servility Of Carlson. Stewart, Far
rar and Hiilyer to the Rockefeller inter-
ests:
Open Letter to Speaker Stewart.
-Hon. Phillip b. Stewart, Colorado
Springs, Colo.
Dear Sir:-My attention has been
called to an article in the press pur-
porting to set out the contents Of q
pamphlet which is about to be circulated
by you fhruout the state, relative to the
recent decision of the supreme court in
the case involving Judge Hillyer's fur
ther right to sit in the strike cases In
Huerfano county.
Had the statements in this proposed
pamphlet been limited to its evident OBJ
ject. viz; the making plain of the fact
that the supreme court imputed no dis
honesty to Judge Hillyer. ] would have
passed the article in silence. But when
il goes farther and proposes TO educate
the people 10 favor the change by stat
ntory enactment or the annullment of
the most salutary rule Of human liberty
that has been announced by the court
since the filing Of the dissenting opinion
OF the late Judge Steele in the Patter-
son contempt case, | cannot remain 81
lent.
AT the outset let me saw that hold
no brief for the miners of this state In
their controversy with the operators.
Whether either or both have been guilty
of acts Of violence is not material here.
But when either side demands justice OF
our courts they should have IT,
Interested in Principles.
1T has been stated that prior TO the
meeting of the last legislature the house
Of which YOU had the honor Of being
speaker. Judge McHendrie. who disqual-
ified himself from Aitting in these cases.
Offered to call In several different judges
from outside counties TO try these cases,
among Others. Judge c. c. Butler OF Den
yer. and that none Of these judges were
satisfactory to the operators and were
not permitted to try the cases and that
the legislature added a new judge to
the disturbed district. and that Judge
Hiilyer was appointed by the governor 10
try these strike cases. Whether these
statements contain any truth I know not
and care les.. ! am interested in the
principles involved. not the men.
I'm the first place. the rule announced
by the court that when the affidavits
filed set forth facts imputing prju-
dice to the trial judge new judge must
he called in. applies not only to Grim
inaI cases. as you imply. but to civil
eases as we'll
.sNiou seem TO think that the principle
announced Is to render the courts help
less think otherwise. Why you. or
Governor Carlson. or Judge Hillyer him
disqualification of any particular judge
from sitting in any particular case is 60
ing TO psralyxe the Judiciary of the
state, I cannot imagine.
Challenges Stewart's Views.
What object can any man or set of
men have in wanting any particular
Judge to sit in any particular case or
casest II the man or men seek justice
the fact that judge is disqualified for
being prsiudiced cannot hurt their case.
The judge should not be interested in
sitting in any particular case, for his
salary goes on at the same rate, whether
he tries one case or thousand. just as
yours would. Mr.. Stewart. were you alb
sent from a session of the house.
but you say. that under the rule an
nounced. the Judges Of the state are
made subject TO aspersions upon their
character The statute does not so read.
II uses the term prejudice and that is
the term the court constr,ies in its opin-
ION. For falsity in the facts set forth
in the affidavit the offender might be