The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1918-02-23
A GOOD THING! PUSH 1T
ALONG!

ZIG ICSVkAbAVA Va ANSPi Ss'SAAVS
tive Buell. of Gallatin county
calling for the resignation, O.
transfer to another bench, o
United States Judge George NJ
Bourquin, has our heartiest sym
pa:hy and support, and we ear
nestly hope that it will be adopted
unanimously by both houses o
the legislature. We hope furthe
that the members will not be di
verted from the full performance
of this task by a false sense o
reverence for judicial ermine
If left to the people of Mon
tana, the resolution would, w,
think, be Endorsed by peti
ton so large that the biggest auto
truck Henry Ford ever made
would be necessary to carry it.
The Muscular was the first
as we recall, to suggest the wis
dom Of changing Judge Bour
gums activities to another. field
On February 4th, we said in thcs'
columns:
With a few weeks of intensive
winter before us, we wonder
whether Judge Bourquin would not
like to change benches with fed
eral Judge OF Guam or Porto Rico.
A change Of air might benefit
everybody. There are few reports
of German plots in our colonies
which are delightfully."- located for
relief from the trying winter eli
mate of this latitude. On the other
hand, there may be a territorial
judge so charged with the red blood
of patriotism that he would well
come the opportunity to sit in judg-
ment on such cases as that of the
Rosebud county man who cursed
our president, expressed the hope
of German victory and was dis
charged by Judge Bourquin on II
nicely balanced and very delicate
/; Interpretation Of the espionage law.
Such judge might give Uncle
Sam the benefit of the doubt, at
least. We even think that the
mothers and wives of Montana who
are sending their sons and hus-
bands to die in the trenches of
France, might be persuaded to meet
and send to Attorney General Greg
ory engrossed resolutions contain-
ing the suggestion, as outlined. BY
good fortune, the war might end
before Judge Bourquin returned.
Otherwise, there would be no COM
\ plant, II he prolonged his visit.
!, 1t is most satisfactory to fine
that a considerable public scnti,
ment is in accord with this view
andfwe agree heartily with Mr.
Belden Of Fergus county, repre-
sentative of unusual ability, who
In giving Endorsement to the fcso,
luton, said, II am very much il
favor Of the spirit of this resolu,
ton, for l believe that the crit
cism which it voices is very wei
founded. l think that the ide;
Of it is the spirit Of the Who'll,
state Of Montana at this time"
In this special instance, there
is the sound basis for Repre-
sentative Bnell's resolution.
Not long ago the Subcommittee
of the United States senate judi
ciary committee, composed o
some of the finest legal minds il
congress, gave the opinion tina
the present law of the United
States is sample and adequat,
and sufficient" to quote the rcso
luton, "for the successful prose
cution of all offenses and tina
further legislation upon this sub
ject is unnecessary upon the par
Of congress, for the reason tina
proper Interpretation of tn
above mentioned act will affor,
CT ample remedy for all cases.
/. That view, however, does no
at all meet with the approval o
Judge Bourquin, who i'll the cas-
Of Hall Of Rosebud county, autho
OF seditious and insulting Ian
guage relating to the prcsidcn
and to the government, interpret
ed the law in manner wholly diff
earent from that of the senate ju
dietary committee.
Very wide interest was arouse,
i'm Montana by the decision
of Judge Bourquin in tn
case of Beck, in which the cour
held that the provision of the Law
relative to aliens constitutes al
absolute exclusion from service
and that, "hOwever they becom,
satisfied of alienage, boards ar,
bound to exclude aliens, ever
though no claims of exemption
are filed"
/ Our readers may be interested
to learn that Judge Ray in thu
Southern District of New York
and in the case of the United
States VS.. Finley, held a view di,
rectly opposite to that of Judge
Bourquin.