Imperial Valley press., 1930-06-02
EDITORS
HEARING
DELAYED
Court Continues Record
Case After Denying He
Is Prejudiced.
FLAYS AFFIDAVIT,
Charges Made BY Counsel
For L. A. PAPER Termed
Unfair BY Collier.

Los ANGELES, June .. UP)-
After dcnouneing three executives
If the Los Angeles Record for filing
prejudice affidavits against him,
Superior Judge Frank Collier today
denied prejudice, persisted in sitting
in their contempt of court ease and
then postponed the opening of the
hearing until next Monday.
The iufist S action in refusing to
entertain the prejudice affidavits
was said to be ur-:ae in court his
tory.
re said that in his opiIn a naf-
fidavit of prejudice had no bearing
in n contempt of court proceedings.
Judge Co::.cr further ruled that if
William Gibbs McAdoo and other at
,ornoys for the dc-,dsc did not a
gree with his views they might seek
II writ of prohibition from the state
supreme court.
He then continued the ease to af.
ford time for the defendants, II. b.
X. Briggs, publisher, Gilbert Brown.
editor, and Rodney Brink, managing
editor, to seek such writ if .acy
desired it.
The contempt charges were
brought against the executives By
tho Los Angeles Bar Association and
were based on n series of cartoons
ard editorials which criticised the
district attorney arcl the grand jury
for the manner of handling the Jul
ian Petroleum Corporation eases.
Judge Collier opened the cour.
session by remarking that he noted
"that the usual affidavit expected
in a ease of this kind has been filed
and am not surprised"
He then read t:rC ,igh the affi
davit, scgrcgating what he termed
''true' from whqt he said bitterly
was "falsc.''
The affidavits filed by Briggs
Hrown and Brink charged that
Judge Collier has retained an active
membership in the bar association
during his six years on tac supcrio,
bench. II also was alleged that the
association may help finance the
jurist s campaign ~ reelection.
Terms Action Unfair
Knowing me rs they should have
known me, those who filcd this afft
dayit krcw they could have come
to me and asccrtpincd the truth OF
falsity of the statements made here.
in in a few moments. Judge Collier
said. "But no sue. thing was done
II was not fair nor gcntlcmanly po'
coui tcous to have done this in III,
manner il was done
Absolutely and unqualified,
false" declared Judge Collier read
ing from the affidavit that he was
interested in the action pending in
his court. -
The same statement was made hN
the judge To charges made in the af
fidavi' that he was biased aud pre-
iudiccd.'
Thcrc is not one word of trntl
IN the statement contained herein,
the Judge said, s.ill commenting on
affidavit "that ] have either biai
or prejudice IN favor or against th'
Los Angeles Bar Association or th'
Los Angeles Record in this ease.
at sabsolu;cly false that hav,
given advice 10 'ie Los Angeles Ba
Association in regard TO this ease
and This could have been easily as
ccrtaincd and the makers of thi
affidavit come % me aud askc,
me-
Judge Collier made u similar rul
iIg on an affidavit Of prelude
brought before him ~ d recent cas-,
The appellate court immediately r,
vcrsed his decision and the matte
then was taken TO the supreme cour
whore a decision is expected soon.
Attorneys for The Record ind
Gated they would seek tho writ o
prohibition in even. Judge Collie
still persisted in trying the ease mex
Monday.