The people's voice. [volume] (Helena, Mont.) 1939-1969, 1949-11-04
MOB PSYCH0L OGY IS running THE
GRANDEST NATION OF ALL Time

pOlnI JHS jury commissioners VIM
with the Clerk selects any names
he wishes for jury service. If YER
diets seem wrong in Federal Courts
the judge is usually responsible. His
Iappointees choose the panel. about
local conditions | have little to say,
except that the box should be emptied
every year, and new names put in.
Professional jurors are not the
best.)
The verdict of a jury in Fed
eral Court in a political case may
mean only that the entire panel has
been carefully chosen before COM
ing to court.
Judge Medina is reported to have
announced during the trial that
whether the Smith Law was uncon-
stitutional or not, was nothing to
him. That he did not care whether
it destroyed the right of free speech
and assembly or not. If he said that,
he should be impeached. He swore
to uphold the Constitution as he
took office. A trial judge in Mary
land held a similar act of the Mary
and Legislature unconstitutional
and dismissed the first Indictment
under it.
The Supreme Court of the United
States has said that men have
right to be Communists. Whether
with Justice Tom Clark on that Bench
it will stand by its own precedent is
a grave question.
The defendants were convicted |
on words written 100 years ago: The
Communist Manifesto. From this
document most of our reforms come,
such as public schools, a graduated
income tax, prevention of child labor,
etc.
Punishment of Defendants Lawyers
Of this l can speak quite feelingly,
and with increasing pride, as l look
pack on the incident. John Northam
vas killed by rock crashing through
timber in mine in Butte. l brought
uit for his widow and infant son,
Iedley. In selecting the jury | said
hat no humble litigants could get
air trial before jury in Silver Bow
County against the Anaconda Com
oany. For this statement, Judge
George NJ. Bourquin, Presiding Judge,
lined me $500 for contempt. After
ourt adjourned, D'Gay Stivers, an
ttorney for defendant, told me that :
he fine would be RENTED if would
pologize. refused his offer, and :
aid the fine. After that, no ordi- :
airy litigant ever brought suit against :
anaconda in Bourquin'S court. :
There are some crackpots that :
lander the legal profession. Most :
eople, however, know that fear
ess legal profession is the safeguard :
f liberty and justice, and that for :
Judge to penalize a lawyer for pro-
erly helping a client is the hi-tide of
Judge Bourguin ran for
ffice after that incident. He learn
what the people thought of his
with other lawyers and :
lyself. He was beaten by 101, 200 :
Iajority. I wish Judge Medina would :
IN for office That fine hurt Bour- :
lin more than it did me. :
But a judges conduct of trial :
pes influence, often brighten, :
Try. The Northam case went again :
the widow and child before Bour- :
lin. (Templeman, my partner, and :
$1,000 to appeal the case :
San Francisco. 1t was reversed, :
Id Anaconda paid up.) =
After Medina repeatedly fined :
wyers, and sent them to Jail dur :
g the trial, the helpless Negro =
oman, who was foreman of Medina's :
Try, probably thought that she, =
o, would be sent to jail if she did =
IT do what the judge wanted.
Jeffreys, an English judge, earned =
s place in the Hall Of Tyranny 220 :
ears ago. "Bloody Jefferys" is still =
by-word of infamy. claim to have =
verage professional courage. would =
IT fear to defend a man charged =
it'll murder before Medina, but I =
ould not dare to defend before -
edna man charged with improper. -
oughts. =
In few years when we have a =
cid interval from the frenzy caused -