Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-02-10
VIGIL AND BACA
FACE DlSBARMENT
IN FEDERAL COURT

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JUDGE and bias. but further requires
that The affidavit state the facts ana
the reasons for such allegation. rms
is evidently in order that the suffice
iency Of the allegation may be con-
sidered and determined by the judge.
to whom presented ana thus an I'M
warranted abdication of judicial rune
lions avoided. The acts of the judge
cited as grounds ar@ all decisions or
rulings arising in the course of Ju-
dicia procedure in the cause OF Gar
! cia VS.. Garcia and are no Instance per-
sonal to either of the respondents. The
matter Of the alleged mutilated en-
velope referred TO in the affidavit is
not involved in any charges on ne
herein The remainder of the arm
davit refers to the opinion of the court
rendered upon issues necessarily IN
volved in dispcsing Of the Garcia case.
Under similar circumstances, it was
stated by the Circuit court of appeals
fos the Fifth circuit in Henry VS..
Speer. POI Fed. 500 (referring TO the
affidavit there under considerations.
ITS perusal revealing the facts and
reasons advanced in support of the
charge of bias and prejudice do not
tend to show the existence of q per-
! sonal bias or prejudice on the part of
the Judge toward petitioner but rather
prejudgment of the merits Of the
controversy and against deponents
right to recover. Section q is not in
.f apafnct this
situation.
"Anothre ground upon which the
affidavit is adiudged insufficient, is
that the specifications Of the commit
tee embody as the last two charges
thereof matters which are revelant not
only upon question of dsbarment, but
as constituting acts of direct contempt
to the court. Section II does not APP
ply to a proceeding such as that inre
Timer 20S Fed 46l. AS to the re-
naming charges which go to the con-
itinued membership Of the respondents
Of this bar, | am Of the opinion that
for reasons similar to those set forth
in the Ulmer case. Section q is not
applicable.
Jurisdiction is inherent in a court
TO determine matters Of misconduct
affecting its officers and this power is
ordinarily to be exercised by the pre-
siding judge of said court before whom
such attorneys if eXonerated. must
continue to practice. Unless there be
Ia clear indication of congressional in
tent to take away such power from
the Judge, the power must be deemed
to remain as an incident of his duty
to determine the qualifications Of at
torneys, eitheF to be admitted to mem
bership at the bar or to continue as
such.
Jurisdiction Of the court will ac-
cordmEly be retained upon the ground
that the affidavit of prejudice IS not
sufficient, the affidavit will he stricken
from the files for the same reason
and the case will be set for trial at
Santa re on Wednesday, April 18th,
1916 at 10 o'clock a. m. Wherefore
ORDER.
at is found by tn court that the
affidavit Of prejudice filed herein is
insufficient to justify a release Of iur-
isdietion by the undersigned judge Of
the matters involved in this court. il
is further ordered that because of said
insuffciency the said affidavit be ana
the same heerby is stricken from the
files. 1t is further ordered that the
cause stand trial at Santa Zee on We'd
nesday. April Il, 1916. at 10 o'clock
a. IN.
Dated, Santa Re. New Mexico this
February Sth, 1915
WILLIAM II POPE.
United States District Judge"