Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-09-01

! judges, like Caesars wife, must be
above suspicion.
IF, after these resolutions, Judge
Howard continues to hold this office,
we can at least have the satisfaction
of letting the world know that we
had no part in his appointment; that
we protested against it; that the
things condemned in our resolution
are obnoxious to us; and we believe
we will thereby have helped the ad-
m.nistration of justice in this state.
1--WE need not discuss the legal
difficulties in the way of taking any
official action before any tribunal au-
thorized to act. AS to impeachment
proceedings, the suggestion has been
made that the misconduct in this
case occurred before Judge Howard
was appointed to the bench. AS to
disbarment proceedings, it is said
that by this appointment, he ceased
to be a practicing lawyer. 1 do not
not feel that at this meeting We are
called upon to commit ourselves as
to any future line of proceeding on
these matters.
But independent of all technical.
ties, the bar can express it's opinion
and can say that one, who, while a
lawyer, was guilty Of such conduct.
is unfit to become judge.
"a great deal will be accomplish
! ed in the direction Of selecting prop.
er men for the bench by the adoption
Of these resolutions.
Therefore, I move that We adopt
| the report of the executive commit
| tee" q
Remarks Applauded.
Mr.. Arnold's remarks were inter
rupted by tumultous applause at
intervals and there was another out.
burst of applause at the CONCLUSION
Hooper Defends Howard.
Following Mr.. Arnold Attor
ney James x. Jordan, a friend
of Judge Towards, and one
of the lawyers who sent a writ
ten protest to the grievance commit
! tee of the bar association, called on
Colonel Z. II. Brewster, one of the
| best known members of the Atlanta
bar, TO defend Judge Howard's po-
sition before the association. Colonel
| Brewster, however, declined and Mr.
Jordan called on Attorney Frank
Hooper, ST., to present Judge How
ards position.
Mr.. Hooper explained that he was
not speaking as a partisan or as
one passing on the merits of the
original proposition; that is to say
on the charges preferred by, Mr.
Latham. He said he wished tc
reiterate the protest filed by num-
Der of Judge Howard's friends. Mr.
Hooper declared that the bar asso-
citation proposed to take a steT
never before taken in Georgia; tai
! it would be a profound mistake.
| "a judge is not hailed before a
group of lawyers for trial." de-
clared Mr.. Hooper, Lawyers
should be most conservative in mat.
ters concerning the bench. If the
| lawyers assume the right to try a
! Judge of the superior court or tC
pass or comment on his appointment
or conduct, any other class of citi-
zens would have the same right
When this right to criticise is eX
ercised the bench is discredited and
there is a tendency to destroy pop.
ular respect for. the courts.
Sees Dangerous Precedent
THE governor has made this ap.
/ pointment in accordance with the
law and his action should be final
This is an unnecessary reflection
upon the governor and it develops
an unfortunate situation for the
bench Of Fulton county. 1t is a
dangerous precedent. Judge Howard
has been regularly and properly APP.
| pointed and we are not further con.
cerned in the NATTER
Lets uphold the dignity Of the
/ bench" Attorney Jordan said in
suggesting the tabling of the com.
mittee reports. If anything is done